Category Archives: Qualified immunity

CT: Seeing sawed off shotgun through van window justified opening it up to seize it

The officers here saw a sawed off shotgun through the windows of defendant’s van, and it was not unreasonable to use the key fob to open the door to seize it. State v. Ortiz, 2018 Conn. App. LEXIS 235 (June … Continue reading

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E.D.N.Y.: QI not applied because it does protect those who knowingly violate constitutional rights

Law.com: “Deciding that qualified immunity has evolved to the point where it can protect police officers who intentionally flout constitutional rights, a federal judge in Brooklyn declined to grant it to four police officers who broke into a man’s house … Continue reading

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D.D.C.: HR employee of DC crime lab couldn’t be subjected to random drug testing

The District of Columbia’s policy to randomly drug test virtually everybody working at the crime lab could not constitutionally apply to plaintiff, a human resources specialist there. She was fired for refusing a drug test, and received $802,000 at a … Continue reading

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WaPo: ‘The Watch’ Blog: A South Carolina anti-drug police unit admitted it conducts illegal no-knock raids

WaPo: ‘The Watch’ Blog: A South Carolina anti-drug police unit admitted it conducts illegal no-knock raids by Radley Balko. “Yet local officials don’t seem to mind.” The case: Despite officers’ deposition testimony that they announced before entry shooting plaintiff nine … Continue reading

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WA: Where ptf didn’t know he was being pursued, act of force to knock him from motorcycle doesn’t get qualified immunity

Where plaintiff showed he didn’t know he was being pursued by police while on his motorcycle, the officer’s act of opening his car door to knock him off his bike was a question for the jury, and the officer gets … Continue reading

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IL: Direct appeal record isn’t adequate to determine IAC claim on failure to litigate consent search

The record doesn’t show the reason for waiving a Fourth Amendment claim against a consent search and whether a motion to suppress would have been granted if litigated. A collateral proceeding is the place to do it. People v. Williamson, … Continue reading

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CA5: Search of wrong house by inadequate investigation means no QI

It was clearly established that search of the wrong house because of inadequate investigation violated the Fourth Amendment. Gerhart v. Barnes, 2018 U.S. App. LEXIS 10626 (5th Cir. Apr. 26, 2018), prior opinion Gerhart v. McLendon, 2017 U.S. App. LEXIS … Continue reading

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NPR: Police Shootings Stir Outrage Among Some, But Not The Supreme Court

NPR: Police Shootings Stir Outrage Among Some, But Not The Supreme Court by Nina Totenburg: The U.S. Supreme Court has again stepped into the bitter public turmoil over police shootings of civilians, ruling Monday that an Arizona police officer is … Continue reading

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Volokh Conspiracy: The Supreme Court’s Continuing Immunity Crusade

Volokh Conspiracy: The Supreme Court’s Continuing Immunity Crusade by Will Baude A few thoughts on today’s summary reversal in Kisela v. Hughes.

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Volokh Conspiracy: Why the Supreme Court Reviews So Many Qualified Immunity Cases

Volokh Conspiracy: Why the Supreme Court Reviews So Many Qualified Immunity Cases by Orin Kerr: Here’s a theory, at least.

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SCOTUS: Qualified immunity for shooting a woman holding a knife in an apparent threatening manner

In Kisela v. Hughes, 17-467 (U.S. April 2, 2018), decided on the cert petition and response, the Supreme Court held that an officer who shot a woman holding a knife in an apparent threatening manner [although that seems to be … Continue reading

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CA7: State’s use of state’s “John Doe” proceedings was shown to be in good faith

In the court’s second view of Wisconsin’s unique John Doe proceedings, the Seventh Circuit decides only the good faith exception and concludes that the reliance on state law and compliance with the Stored Communications Act was all in good faith. … Continue reading

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