Tag: qualified immunity

Point of Law

California Deputies to No Longer Respond to Non-Criminal Mental Health Calls

The court found that the use of force by the officers was deemed unreasonable given that the call was a non-criminal mental health request. The court questioned whether any force was appropriate because a crime had not been committed.

February 6, 2025

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