Police officers often must respond to rapidly unfolding situations. Whether that must be an actual emergency for the officer to claim official immunity is the focus of a case now before the Missouri Supreme Court.

Tagged with: Missouri Supreme Court Qualified Immunity topnews

A Kansas City immigration attorney who sued an Immigration and Customs Enforcement officer after a 2018 incident faces that officer’s qualified immunity defense after all, ruled the 8th U.S.Circuit Court of Appeals.

Tagged with: 8th U.S.Circuit Court of Appeals Qualified Immunity top news

A panel of 8th U.S. Circuit Court of Appeals remanded part of the case, but the panel also affirmed a lower-court denial of summary judgment to state officials.

Tagged with: 8th U.S. Circuit Court of Appeals James Spann Jefferson City Correctional Center Qualified Immunity

Where a deputy, who sexually assaulted a woman, brought claims including unreasonable search and seizure and municipal liability against a sheriff and the county, prior instances of sexual misconduct were not similar in kind or sufficiently egregious to show a ...

Tagged with: Qualified Immunity Search and Seizure

Where appellant challenged the dismissal of her action involving federal and state law claims related to the fatal shooting of her son by a police officer, the appellant stated a viable claim for violation of the son’s right to be ...

Tagged with: excessive force Qualified Immunity

Where a man who brought civil rights claims against police after he was stopped, frisked and handcuffed after he watched an officer perform traffic stops, and the arresting police officer challenged the denial of qualified immunity, established law supports the ...

Tagged with: detention Qualified Immunity

Where an inmate brought claims of excessive force and deliberate indifference after a pepper-spray incident, and the defendant prison officials appealed the denial of their motion for summary judgment on the basis of qualified immunity, the inmate did not meet ...

Tagged with: excessive force Inmate Action Qualified Immunity

Where a plaintiff challenged the grant of adverse summary judgment against him in a civil-rights action that included claims of excessive force,  the district court did not err in granting summary judgment in favor of the city defendant because the ...

Tagged with: excessive force Municipal Liability Qualified Immunity

Where officers challenged the denial of qualified immunity on a plaintiff’s claims including retaliatory arrest and excessive force, the officers had arguable probable cause to arrest the plaintiff for trespassing, and the officers were entitled to qualified immunity on the ...

Tagged with: excessive force Qualified Immunity Taser Use

Where appellant challenged the adverse grant of summary judgment in a civil rights action, the defendants were entitled to qualified immunity in their individual capacities, and the district court also did not abuse its discretion in denying the motion for ...

Tagged with: Qualified Immunity recusal

Where an officer in an excessive-force case challenged the denial of qualified immunity, the district court did not abuse its discretion by declining to accept certain facts in the officer’s statement of facts as undisputed, and the court did not ...

Tagged with: excessive force Qualified Immunity