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Excessive Force Law Enforcement Qualified Immunity

Husch Blackwell LLP

Supreme Court Rejects "Moment-of-Threat" Rule in Section 1983 Excessive Force Suit

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In Barnes v. Felix, the U.S. Supreme Court unanimously held that courts evaluating Fourth Amendment excessive-force claims in Section 1983 lawsuits against law enforcement officers must consider the “totality of the...more

Dorsey & Whitney LLP

The Supreme Court Update - May 15, 2025

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The Supreme Court of the United States issued one decision today: Barnes v. Felix, No. 23-1239: This criminal procedure case concerns the proper scope of analysis for Fourth Amendment excessive force claims....more

Marshall Dennehey

A Neck-Hold Is Not Clearly-Established Excessive Force

Marshall Dennehey on

Moore v. Oakland County, Michigan, 126 F.4th 1163 (6th Cir. 2025) - This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance. Despite the...more

Baker Donelson

A Victory for Qualified Immunity. A Trend to Continue?

Baker Donelson on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Dorsey & Whitney LLP on

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

Sands Anderson PC

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

Sands Anderson PC on

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

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