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Article • November 6, 2018 • from CLN November, 2018
Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Second Circuit dealt the New York Police Department a blow in its attempt to avoid liability for using an acoustic weapon developed …
Article • October 31, 2018 • from CLN November, 2018
Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Second Circuit held that the detention of a prospective material witness for 18 hours in a holding cell …
Article • September 20, 2018 • from CLN October, 2018
Insurance, Courts Protect Cops from Liability by Dale Chappell 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, …
Article • April 19, 2018 • from CLN May, 2018
Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case by Richard Resch by Richard Resch On October 29, 2014, at about 4 a.m., 13 Highland Park, New Jersey, police officers performed a no-knock entry into the Greer family home. Without knocking or announcing their presence, the officers …
Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability by Jay Schweikert by Jay Schweikert Our primary federal civil rights statute, colloquially called “Section 1983,” says that any state actor who violates someone’s constitutional rights may be sued in federal court. This remedy is crucial not just …
Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect by Dale Chappell by Dale Chappell An officer does not possess the unfettered authority to shoot a member of the public simply because that person is carrying a weapon,” the U.S. Court of Appeals for the Fourth Circuit …
Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability by by Jay Schweikert, The Cato Institute Our primary federal civil rights statute, colloquially called “Section 1983,” says that any state actor who violates someone’s constitutional rights may be sued in federal court. This remedy is crucial not …
Article • January 19, 2018 • from CLN February, 2018
Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity by Mark Wilson by Mark Wilson The United States Court of Appeals for the Second Circuit reversed a lower court’s denial of qualified immunity to police for arresting a man for stopping on the sidewalk to speak with Occupy …
Eighth Circuit Holds Missouri Police Not Entitled to Immunity in Wrongful Death Suit by Edward Lyon by Edward Lyon Kansas City policemen Shawn Todd and David Epperson responded to a burglary call at a vacant house. At the house Epperson covered the front, while Todd went to the rear. Todd …
Article • December 28, 2017
No Qualified Immunity to Trooper Who Failed to Secure Treatment for Arrestee by Matthew Clarke by Matt Clarke On April 27, 2016, the Eighth Circuit held that an Arkansas state trooper was not entitled to qualified immunity when he failed to seek medical care for a man he arrested who …
No Qualified Immunity for Officer Who Beat and Tasered Mentally Ill Man to Death by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has ruled that an excessive force claim made by the estate of a man killed by police during an arrest …
National Police Accountability Project - CLE Seminar Brochure, DC, 2017 Name:_____________________________________ Firm: _____________________________________ Address:___________________________________ City:_______________ State:___ Zip:___________ Phone:_____________ E-mail_________________ Please bill my: [ ] Visa [ ] MC [ ] Discover Card #_____________________________________ Expiration Date: _____________________________ CVV Code: ______________________________ Signature: __________________________________ [ ] Check enclosed (Please make check payable to: …
Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and …
Section 1983 Litigation, Karen Blum Journal Article, 2015 SECTION 1983 LITIGATION: THE MAZE, THE MUD, AND THE MADNESS Karen M. Blum* INTRODUCTION Some of us were there at the “founding,” and I don’t mean in 1871 when 42 U.S.C. § 19831 was originally enacted as the Ku Klux Klan Act,2 …
Publication
Filed under: Qualified Immunity
Qualified Immunity's Flawed Foundation ______ OZO IAW Benjamin N. Cardozo School of Law · Yeshiva University Jacob Burns Institute for Advanced Legal Studies Faculty Research Paper No. 686 Qualified Immunity’s Flawed Foundation 111 CAL. L. REV __ (forthcoming) Alexander A. Reinert Max Freund Professor of Litigation & Advocacy Director, Center …
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