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The Catch-22 of Qualified Immunity by Douglas Ankney by Douglas Ankney Judge Don Willett of the U.S. Court of Appeals for the Fifth Circuit and Judge Carlton Reeves of the U.S. District Court for the Southern District of Mississippi have authored opinions excoriating the doctrine of qualified immunity (“QI”). QI …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Qualified Immunity
New Mexico Abolishes Qualified Immunity by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Although many states across the nation continue to harbor and protect their employees from liability lawsuits—even in cases where the civil servant proved negligent or acted with reckless disregard—some, more progressive states, have taken the lead on …
Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Utah’s decision finding a prosecutor was …
Article • September 15, 2021 • from CLN October, 2021
Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable by Dale Chappell by Dale Chappell The fear that a police officer would be held personally responsible, should he be sued because of his actions in the line of duty, is nothing short of irrational and unfounded, a …
New Federalism and Civil Rights Enforcement, 2021 Copyright 2021 by Alexander Reinert, Joanna C. Schwartz & James E. Pfander Printed in U.S.A. Vol. 116, No. 3 NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT Alexander Reinert, Joanna C. Schwartz & James E. Pfander ABSTRACT—Calls for change to the infrastructure of civil rights …
Article • May 15, 2021 • from CLN June, 2021
Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s denial of qualified immunity to police who …
Article • February 15, 2021 • from CLN March, 2021
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit upheld the U.S. District Court for the Eastern District of Louisiana’s denial of qualified immunity to two police officers who …
Article • November 15, 2020 • from CLN December, 2020
Time to Curb Police Unions by Bill Barton by Bill Barton The May 25, 2020, death of George Floyd under the left knee of Derek Chauvin in Minneapolis served as the proverbial “straw that broke the camel’s back” when it came to spurring widespread public outcry over the seemingly endless …
Article • October 15, 2020 • from CLN November, 2020
Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2020, a summer of discontent, a summer rife with pandemic lockdowns and street protests, the Georgia Legislature chose not to address the unrest and …
Article • August 15, 2020 • from CLN September, 2020
Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits by Kevin Bliss by Kevin Bliss Derek Chauvin could still receive about $50,000 a year in pension partly funded by taxpayers like George Floyd’s surviving family, even if he’s convicted of second-degree murder. Moreover, qualified immunity would most likely prevent …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Qualified Immunity
Joint State-Federal Task Forces Practice Rogue Justice Under Protection of Qualified Immunity by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Hundreds of rogue joint state-federal task forces—accountable to no one, and acting as units of vigilante justice—continually violate the constitutional rights of individuals while hiding behind the aegis of “qualified …
Qualified Immunity Letter to Congress, Nat'l Police Accountability Project, 2020 June 9, 2020 Dear Speaker Pelosi, Leader McCarthy, Majority Leader McConnell, and Minority Leader Schumer: National Police Accountability Project A Project of the National Lawyers Guild Executive Director Rachel A. Pickens ____________ Board of Directors: President Michael Avery President-Elect Julia …
Article • February 19, 2020 • from CLN March, 2020
Alabama Sheriff Denied Immunity for False Charges Against Whistleblower by Anthony Accurso by Anthony Accurso An Alabama sheriff was denied immunity for acts taken to extort and silence a whistleblower who exposed her corruption. In Alabama, sheriffs are allowed to receive as personal income any excess funds “left over” after …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Qualified Immunity
Qualified Immunity: Explained by Amir H. Ali, Emily Clark by Amir H. Ali and Emily Clark, The Appeal, a nonprofit criminal justice news site In [The Appeal] Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Qualified Immunity
Qualified Immunity: Explained by Amir H. Ali, Emily Clark by Amir H. Ali and Emily Clark, The Appeal, a nonprofit criminal justice news site In [The Appeal] Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We …
Article • April 12, 2019 • from CLN May, 2019
Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger by Dale Chappell by Dale Chappell Can police conduct a traffic stop simply because someone in the car gave them the finger? The U.S. District Court for the Western District of Virginia held that they …
Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit upheld the denial of summary judgment filed by Detroit police in a lawsuit alleging malicious …
Article • December 29, 2018 • from CLN January, 2019
Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Eleventh Circuit ruled against a Martin County, Florida, deputy sheriff who seized an iPhone used by a bystander to take pictures and video …
Article • December 5, 2018 • from CLN December, 2018
Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit reversed a grant of summary judgment to police officers who arrested a man for a snarky Facebook post without conducting even a minimal investigation. James …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Qualified Immunity
Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity by Christopher Zoukis by Christopher Zoukis It is a rare issue of Criminal Legal News that does not include an article relating in some way to the doctrine of qualified immunity. The doctrine, which grants police officers …
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