Category Archives: Qualified immunity

D.Minn.: Collective knowledge doctrine doesn’t require affiant officer to independently corroborate

The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers’ information didn’t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS … Continue reading

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Lawfare: Hold Police Accountable by Changing Public Tort Law, Not Just Qualified Immunity

Lawfare: Hold Police Accountable by Changing Public Tort Law, Not Just Qualified Immunity by Paul Stern:

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CNS: Courthouse News Service: Colorado Blocks Qualified Immunity for Police

Courthouse News Service: Colorado Blocks Qualified Immunity for Police by Amanda Pampuro (“Colorado commemorated Juneteenth on Friday by passing an enormous police reform bill, which includes blocking qualified immunity as a defense for police officers in state court. Colorado Governor … Continue reading

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CA11: Ptf gets discovery on QI before SJ can be granted

“We hold that the district court abused its discretion by denying the Plaintiff any opportunity to conduct discovery in this case before being made to respond to McFarlane’s motion for summary judgment” on qualified immunity. Defendants are not entitled to … Continue reading

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CA11: Detaining an innocent person in handcuffs for two hours at scene of SW doesn’t state a claim

Officers executing a search warrant detained an innocent person in handcuffs for two hours, and that doesn’t state a claim. Also, just being at the warrant execution meeting before the officers went to the scene doesn’t make all those officers … Continue reading

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CA9: Clearly established by 2014 for QI that chokehold on nonresisting detainee could be excessive force

It was clearly established at the time that a chokehold on a no longer resisting detainee was excessive force and all officers participating were potentially responsible. Martinez v. City of Pittsburg, 2020 U.S. App. LEXIS 19207 (9th Cir. June 19, … Continue reading

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CA6: QI denied officers who Tased a man for not getting out of his car fast enough; he had recent surgery and a colostomy bag

Plaintiff was Tased when he slowly got out of a car after officers flashed badges on him. He was recovering from surgery and had a colostomy bag and staples in his stomach. While the use of force does not require … Continue reading

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Cato.org: Supreme Court Refuses to Reconsider Qualified Immunity

Cato.org: Supreme Court Refuses to Reconsider Qualified Immunity:

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WSJ: How the Warren Court Enabled Police Abuse

WSJ: How the Warren Court Enabled Police Abuse by David B. Rivkin Jr. and Andrew M. Grossman (“‘Qualified immunity’ lets cops avoid accountability. It’s an invention of the liberal chief justice.”):

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NPR: Supreme Court Will Not Reexamine Doctrine That Shields Police In Misconduct Suits

NPR: Supreme Court Will Not Reexamine Doctrine That Shields Police In Misconduct Suits by Nina Totenberg (“Amid the tumult over police brutality allegations across the country, the U.S. Supreme Court on Monday refused to reexamine the much-criticized, modern-day legal doctrine … Continue reading

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NY4: Fire started during police standoff was exigency

Starting a fire during a police standoff is an exigent circumstance permitting a police entry after the fire was put out. “The entry and search occurred immediately after firefighters extinguished the fire that defendant had set during a standoff with … Continue reading

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CA4: “a reasonable jury could find that Jones was both secured and incapacitated” when police shot him; QI denied

“In 2013, Wayne Jones, a black man experiencing homelessness, was stopped by law enforcement in Martinsburg, West Virginia for walking alongside, rather than on, the sidewalk. By the end of this encounter, Jones would be dead. Armed only with a … Continue reading

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CA10: 15-minute call to EPIC when officer given inconsistent travel plans wasn’t unreasonable

Inconsistent travel plans coming from the driver and passenger justified a 15 minute call to EPIC to see if the vehicle had crossed the border recently, and this was not unreasonable. United States v. Morales, 2020 U.S. App. LEXIS 17865 … Continue reading

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Courthouse News Service: New House Bill Would Revoke ‘Qualified Immunity’ for Police

Courthouse News Service: New House Bill Would Revoke ‘Qualified Immunity’ for Police by Thomas Harrison (“The bill would eliminate qualified immunity, the ability of police officers to argue they acted in good faith when they violated someone’s constitutional rights. It … Continue reading

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SCOTUS conferencing 10 qualified immunity cases today

Probably the results of the conference on Monday. See WaPo: Supreme Court asked to reconsider immunity available to police accused of brutality

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CA2: Police actions showed warrantless entry wasn’t for emergency purposes sufficient to create jury question

Decedent was a mentally ill veteran who accidentally activated an at home alarm and police responded. He was ultimately shot and police came in, not responding to a wounded man but as a criminal. There was a plausible claim that … Continue reading

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