Did New Mexico Really “End” Qualified Immunity?
By: Wes Jackson
State and federal legislators are making a concerted push to end or curtail the defense of “qualified immunity,” which provides government employees a defense to civil rights claims in some circumstances. At the federal level, House Democrats …
Is Qualified Immunity at Risk in the Coming Supreme Court Term?
By: Phil Savrin
The year 2020 has been tumultuous and unpredictable in many ways. Momentarily lost in the shuffle between the ongoing pandemic and the upcoming presidential election are the cries from some sectors of the community to “defund” police …
The End of Qualified Immunity?
By: Christopher S. Lee
Since its genesis in Pierson v. Ray, the qualified immunity doctrine has never been shy of critics. If you were to talk to the late Justice William Douglas (the lone dissenter in Pierson) about …
Qualified Immunity Applied to Employment
By: Owen Rooney
In Kramer v. Cullinan 878 F.3d 1156 (9th Cir., 2018) the Ninth Circuit reversed the denial of a Motion for Summary Judgment, holding that that the employer’s public statement was not “stigmatizing” and defendant was entitled to …
Are We Witnessing the End of Qualified Immunity?
By: Sun Choy
For many decades, qualified immunity has served as a powerful defense to end civil cases against public officials, including law enforcement officers for the alleged use of excessive force. Given the many high-profile deaths involving the use …
New Potential SCOTUS Justice: Friend or Foe of Qualified Immunity?
By: Sara Brochstein
President Trump announced his decision to nominate Judge Brett Kavanaugh to fill the Supreme Court vacancy created by Justice Anthony Kennedy’s retirement. Should he be confirmed, Judge Kavanaugh could have significant impact on the preservation of qualified …
To Shoot or Not to Shoot – The Ninth Circuit Says That Is The Question (for the jury)
By: Owen Rooney
On June 25, 2018 the U.S. Supreme Court denied certiorari in Estate of Lopez v. Gelhaus, arising out of the shooting in Sonoma County, California of a 13 year old who was holding a toy AK-47 …
Qualified Immunity and The First Amendment – Why Plaintiffs Continue To Struggle Proving “Clearly Established Case Law”
By: Bradley T. Adler and Will Collins
The recent Eleventh Circuit decision Gaines v. Wardynski, 2017 U.S. App. LEXIS 18276, No. 16-15583 (11th Cir. Sept. 21, 2017), is a good reminder of the importance and value of qualified immunity …