Category Archives: Qualified immunity

NYLJ: Time to End Qualified Immunity?

NYLJ: Time to End Qualified Immunity? by Ilann M. Maazel: Civil Rights Litigation columnist Ilann M. Maazel writes: Qualified immunity is often asserted and litigated in §1983 cases. But some conservative scholars now argue that the doctrine is lawless. This … Continue reading

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E.D.Ky.: “[W]hen officers rely on a judicially secured warrant, they are generally entitled to qualified immunity.”

“In search and seizure cases, when officers rely on a judicially secured warrant, they are generally entitled to qualified immunity.” Plaintiff claimed false information was provided for the warrant, but he fails in his burden of showing a fact question … Continue reading

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CA3: Affidavit for SW was fair on its face and showing of PC, so officer gets QI for execution

The officers had qualified immunity for execution of a search warrant application that was fair on its face. It could be relied upon by a reasonable officer. Olson v. Ako, 2018 U.S. App. LEXIS 6958 (3d Cir. Mar. 20, 2018):

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W.D.Va.: Prisoner suit for recording attorney-client meetings survives 6A claim but 4A denied on QI

Plaintiff, a prison inmate, had his conversations with his lawyer in trial preparation recorded by prison officials. He sued for interference with his right to counsel and for a Fourth Amendment violation. Defendant’s summary judgment motion is denied on the … Continue reading

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CA9: Officer putting gun to head of handcuffed compliant suspect and threatening to kill him was excessive force, but QI applied

“Examining the facts in the light most favorable to plaintiff, the non-moving party on summary judgment, the panel assumed that the police officer did indeed point his gun at plaintiff’s head and threatened to kill him. The panel held that … Continue reading

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The Crime Report: Does Police Immunity for Wrongful Arrests Really Deter Crime?

The Crime Report: Does Police Immunity for Wrongful Arrests Really Deter Crime? In the wake of ongoing attention to police misconduct, a new economic study considers the cost of granting full immunity to officers for wrongful arrests and detention of … Continue reading

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CA9: Ptf refused entry to house on a domestic call, and police broke in and tasered him; grant of QI reversed

Plaintiff refused entry to the police on a domestic call. They broke in and tasered him on the floor. The district court erred in granting qualified immunity to the officers. He refused entry, which was his right, and this case … Continue reading

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techdirt: Appeals Court: Handcuffing A Compliant Ten-Year-Old Is Unreasonable But Deputy Had No Way Of Knowing That

techdirt: Appeals Court: Handcuffing A Compliant Ten-Year-Old Is Unreasonable But Deputy Had No Way Of Knowing That by Tim Cushing: Time and time again, courts remind officers of the law don’t actually have to know the law to enforce the … Continue reading

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CA4: Handcuffing a compliant child at school violated 4A, but officer gets QI

A police officer’s handcuffing a compliant child after a discussion in the school office violated the child’s Fourth Amendment rights. The event was long past with no risk of violence being shown by the child by the time that happened. … Continue reading

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CA8: Ptf couldn’t overcome QI on his facts of consent

After a search warrant was executed with a flash bang device, a St. Louis building inspector came and got consent from the occupant to conduct a search. The building inspector was entitled to qualified immunity because they can’t show their … Continue reading

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CA5: Ptf’s civil Franks claim survives QI; def officer omitted material exculpatory evidence that led to ptf’s 15 min aquittal of murder

Plaintiff spent 16 months in jail awaiting trial for murder. He was acquitted in 15 minutes. He sued all the officers. After a prior appeal (Winfrey v. San Jacinto Cty., 481 Fed. Appx. 969 (5th Cir. 2012)), all that remains … Continue reading

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CA9: Taking children from parents without exigency or court order violated 4A and right to family unity

When Arizona state social workers removed plaintiffs’ children from the home without judicial authorization and without a reasonable belief they were in danger or exigency, they violated plaintiffs’ rights to family unity and the Fourth Amendment. The right was clearly … Continue reading

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