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Supreme Court debates official immunity for chase without sirens
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.
ICE officer has qualified immunity for allegedly shoving attorney
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.
Inmate’s claims against DOC to proceed to trial
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.
Civil Rights: Search and Seizure-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 pattern of sexual assault by deputies, so the sheriff was entitled to qualified immunity in […]
Civil Rights: Excessive Force-Qualified Immunity
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 free from excessive force, and the failure to train and state law claims also were […]
Civil Rights: Detention-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 finding that people have the right to watch and record police activity in public, and […]
Civil Rights: Inmate Action-Excessive Force-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 his burden to show that the law was clearly established so that a reasonable officer […]
Civil Rights: Excessive Force-Municipal Liability-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 plaintiff did not present any evidence to show that the city adopted a policy or […]
Civil Rights: Qualified Immunity-Excessive Force-Taser Use
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 claims of false arrest, retaliatory arrest and due process, and they were also entitled to […]
Civil Rights: Qualified Immunity-Recusal
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 recusal. Judgment is affirmed. Carter v. Muldoon (MLW No. 74049/Case No. 19-1019 – 2 pages) […]
Civil Rights: Excessive Force-Qualified Immunity
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 err in considering the officer’s statement made in the course of an internal investigation, but […]
Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity
Plaintiff filed a §1983 suit against defendants, alleging they used excessive force while arresting plaintiff and her minor son. Defendants appealed the denial of their summary-judgment motion, arguing that they were entitled to qualified immunity. Where video evidence supported finding that plaintiff engaged in aggressive or noncompliant behavior, plaintiff and her son did not have […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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