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Insurance, Courts Protect Cops from Liability
Loaded on Sept. 19, 2018
by Dale Chappell
published in Criminal Legal News
October, 2018, page 13
Filed under:
Police Misconduct,
Qualified Immunity,
Police,
Excessive Force (Police).
Locations:
Tennessee,
Virginia,
United States of America.
by Dale Chappell
Lots of lawsuits get filed against law enforcement, but very few result in a payout. Police have an ever-growing shield called “qualified immunity” and decades of court decisions to hide behind. And even when there is a payout, it is not groundbreaking.
The U.S. Supreme Court recently ...
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More from this issue:
- Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague, by Christopher Zoukis
- Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress, by David Reutter
- Victims’ Rights Laws a Threat to Due Process
- Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate, by Christopher Zoukis
- Private DNA Lab Under Fire for Faulty Analysis, by Christopher Zoukis
- ICE Utilizes Military-Style Shock Tactics to Round up Immigrants
- Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC, by Dale Chappell
- Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
- Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement, by David Reutter
- New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
- Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process, by Derek Gilna
- Your Papers, May I See Your Papers?, by Christopher Zoukis
- Hair Analysis a Useful but Not Foolproof Forensic Tool, by Derek Gilna
- 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search, by David Reutter
- $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
- Civil Forfeiture Often Focuses on Profit Instead of Public Safety
- Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures, by Derek Gilna
- Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant, by Richard Resch
- Federal Judge Extends Stay of Executions in Louisiana, by Betty Nelander
- Houston Forces Parolees out of City Under New Rule
- From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting, by Matthew Clarke
- Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment, by Richard Resch
- New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission, by Derek Gilna
- Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors, by Christopher Zoukis
- Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability, by Matthew Clarke
- 11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B), by David Reutter
- Study Indicates Link Between Officer Fatigue and Public Complaints, by Betty Nelander
- ACLU Questions Trade Secrets Protecting DNA Testing Algorithms, by Dale Chappell
- $28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit, by Kevin Bliss
- Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself, by Steve Horn
- Archaic Disciplinary System Allows Chicago Police to Delay Punishment, by David Reutter
- Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable, by Dale Chappell
- New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
- Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence, by Christopher Zoukis
- Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges, by Dale Chappell
- NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning, by Dale Chappell
- 10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense, by David Reutter
- New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause, by Dale Chappell
- California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon, by Dale Chappell
- Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal, by Dale Chappell
- Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection, by Betty Nelander
- Prosecutors Use Their Power to Help Reform Criminal Justice
- Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea, by Dale Chappell
- NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error, by Dale Chappell
- Insurance, Courts Protect Cops from Liability, by Dale Chappell
- The Broad Reach of Carpenter v. United States, by Paul Ohm
- Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings, by Matthew Clarke
- News in Brief
- From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions, by Christopher Zoukis
More from Dale Chappell:
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
More from these topics:
- California Police Misused State Databases Over 7,000 Times in 2023, March 15, 2025. Police Misconduct, Databases.
- Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit, March 15, 2025. Police Misconduct, Bribery, Plea Agreements/Guilty Pleas.
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025. Police Misconduct, Computer Searches, Electronic Surveillance, Police/Govt Misconduct, Police Reports.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Chicago’s Police Body Cam Transparency, Feb. 1, 2025. Videotaping, Police, Police State-Surveillance.
- Lawsuit Over Death or Severe Injury of 29 Houston Jail Detainees Survives Motion to Dismiss, Jan. 15, 2025. Guard Brutality/Beatings, Wrongful Death, Excessive Force (Police).
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- “Whoppergate” Embroils Georgia Sheriff, Jan. 15, 2025. Excessive Force (Police), Social Media.