News & Analysis as of

Qualified Immunity Law Enforcement

Marshall Dennehey

Third Circuit Clarifies Availability of Qualified Immunity for Police Officers Accused of Deliberate Indifference to Arrestees’...

Marshall Dennehey on

In Thomas v. City of Harrisburg, et al., 2023 WL 8461096 (3d Cir. Dec. 6, 2023), the United States Court of Appeals for the Third Circuit recently determined that police officers were not entitled to qualified immunity where...more

Marshall Dennehey

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Marshall Dennehey on

Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...more

DRI

[Event] Civil Rights and Governmental Tort Liability Seminar - January 17th - 19th, Phoenix, AZ

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​​​​​​​DRI is proud to announce the 37th annual Civil Rights and Governmental Tort Liability Seminar in Phoenix, AZ! This seminar will provide you with invaluable information and tools to represent your governmental clients....more

Baker Donelson

A Victory for Qualified Immunity. A Trend to Continue?

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Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions...more

Rumberger | Kirk

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

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Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

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In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Rumberger | Kirk

Qualified Immunity: The Commonly Misunderstood Defense and Opponents’ Efforts to Expose Law Enforcement Officers to Financial Ruin

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Recent unrest has thrust the doctrine of qualified immunity into the spotlight.  Many of those who oppose law enforcement frequently misrepresent the nature, extent, and intent of this limited immunity.  Doing so fosters the...more

Haight Brown & Bonesteel LLP

Ninth Circuit Upholds Officers’ Qualified Immunity in Dynamic Shooting Case

In Neftali Monzon v. City of Murrieta et al. (No. 19-55164, filed July 22/2020), Plaintiffs Neftali Monzon and Marylou Monzon sued the City of Murrieta and five individually named police officers (collectively “Defendants”)...more

Smith Anderson

“This Has to Stop”: Federal Appeals Court Weighs in On Police Brutality

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Protestors across America have delivered a firm message in response to the deaths of black citizens at the hands of law enforcement: “This has to stop.” The U.S. Court of Appeals for the Fourth Circuit used the same words on...more

Fox Rothschild LLP

Race, Justice And Equality: The Mandate For Change Will Require Collaboration Across Systems

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In the days and weeks following the heinous killing of George Floyd on May 25, 2020, before the very eyes of the country, protests and cries that Black Lives Matter have been interwoven with calls for meaningful and lasting...more

Fox Rothschild LLP

The Mandate Rule And Another Thinly-Sliced Qualified Immunity Opinion From The Fourth Circuit

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A while back I wrote about the collateral order doctrine as discussed by the Fourth Circuit in Williams v. Strickland. Williams involved an alleged excessive force claim against a law enforcement officer and an...more

Poyner Spruill LLP

US Supreme Court Holds Police Officer Shooting was Lawful

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The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting...more

Sands Anderson PC

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

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The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

Dorsey & Whitney LLP

The Supreme Court - April 2, 2018

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The Supreme Court of the United States issued two decisions today: Encino Motorcars, LLC v. Navarro, No. 16-1362: The Fair Labor Standards Act (“FLSA”) requires that employers pay covered employees overtime compensation,...more

Dorsey & Whitney LLP

The Supreme Court - January 23, 2018

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The Supreme Court of the United States issued three decisions yesterday: National Assn. of Mfrs. v. Department of Defense, No. 16-299: In 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

Rumberger | Kirk

US Supreme Court Holds That Qualified Immunity Bars 4th Amendment Claim in Deadly Police Force Case

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The United States Supreme Court recently held that an officer’s use of deadly force by shooting an armed individual before issuing a verbal warning did not violate a clearly established Fourth Amendment right, and therefore,...more

Sands Anderson PC

Police Shooting of Unarmed Suspect Who Threatened with Fake Gun Deemed Reasonable

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Police Officers are often faced with unimaginable circumstances that most of society runs away from. However, police officers took the oath to protect and serve, and to run towards that danger. Sometimes, running towards...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City and County of San Francisco v. Sheehan

On May 18, 2015, the United States Supreme Court decided City and County of San Francisco v. Sheehan, No. 13-1412, holding that police officers were entitled to qualified immunity against a constitutional claim based on...more

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