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Tag: qualified immunity
Point of Law
AL Officers Denied Qualified Immunity Over ID Refusal Arrest
The officers argued that Edger had violated an Alabama law that requires individuals to tell officers their name, address, and "an explanation of his actions," if there is a reasonable suspicion of a crime.
October 3, 2023
Point of Law
Appeals Court Denies Immunity to Charlotte Officer Sued Over Fatal Shooting
In a unanimous reversal Tuesday, three judges from the U.S. Fourth Circuit Court of Appeals overturned a lower court decision last year that granted immunity to Wende Kerl, the Charlotte-Mecklenburg officer who fatally shot Franklin.
April 4, 2023
Patrol
Supreme Court Opts to Not Review Case Against Dallas Officers, Civil Rights Case Can Proceed Without Qualified Immunity
A federal appeals court ruled in January that "qualified immunity" should not protect the officers from potential liability resulting from the death of Timpa, a man with mental illness who died after being restrained for nearly 14 minutes by the officers.
June 1, 2022
Point of Law
Point of Law: ECW Use and Qualified Immunity
A Wyoming case involving an officer using an electronic control weapon during an arrest is critically important for helping you understand when you can legally use your TASER.
March 10, 2022
Point of Law
Retired Officer Denied Qualified Immunity in 2017 Case Alleging Use of TASER on Suspect's Testicles
Johnny Wheatcroft and his family sued the city of Glendale, then-Officer Matthew Schneider and two other officers in 2018, claiming Schneider repeatedly used a TASER on Wheatcroft after he was handcuffed and detained following a traffic stop.
March 10, 2022
Point of Law
Judge Dismisses Lawsuit Against NC Officer Over Fatal OIS
In his ruling, Senior U.S. District Judge Graham Mullen said Kerl probably made errors on the day of the shooting. But under the law, he said, they were reasonable ones, making her immune to the claims in the lawsuit.
November 19, 2021
Patrol
Supreme Court Grants Qualified Immunity to Officers in 2 Cases
The court overturned the lower-court decisions without ordering full briefing and argument, a sign it did not see them as close calls. There were no dissents.
October 19, 2021
Patrol
Congressional Negotiations on Police Reform Collapse
Among the issues that lawmakers were discussing were changes to "qualified immunity" that protects police officers from some lawsuits.
September 22, 2021
Point of Law
CA Assembly Passes Police Bill That Restricts Qualified Immunity, Creates Decertification Process
Gov. Gavin Newsom now has 12 days to sign or veto the bill, which passed the California Assembly with a vote of 46 to 18 on Friday. It was previously passed in the state Senate on May 26 with a vote of 26 to 9.
September 6, 2021
Patrol
Politico Reports Changes to Qualified Immunity May be Removed from Congress' Police Reform Bills
It is unclear if a police reform proposal without changes to qualified immunity could pass the House, where progressive Democrats like Rep. Cori Bush (D-Mo.), a former Black Lives Matter activist, have called the removal of qualified immunity a redline.
August 18, 2021
Patrol
Point of Law: Conflicting Testimony and Qualified Immunity
A pursuit in a building ended with a suspect falling out of a window, officers using force, and a lawsuit.
August 3, 2021
Point of Law
Biden to Push Police Reform in Next Week's Congressional Address
The George Floyd Justice in Policing Act, which would ban chokeholds, require that deadly force only be used as a last resort in arrests, and effectively end qualified immunity.
April 21, 2021
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