Supreme Court Asked to Consider Relevance of Victim’s View in Qualified Immunity Analysis
If at least four of the nine justices vote to grant Deputy Anthony Mumphard’s petition, the U.S. Supreme Court will order the parties to fully brief and argue the issues. The Court will then decide the case this term.
11th Circuit Holds Warning Not Always Required Before Using Deadly Force
The Eleventh Circuit wrote that it could not view the officer’s actions “with the 20/20 vision of hindsight” and that qualified immunity leaves “room for mistaken judgments.”
Tenth Circuit Finds Exclusionary Rule Does Not Apply in § 1983 Cases
On August 11, 2014, Salt Lake City Police Officer Bron Cruz shot and killed Dillon Taylor after responding to a radio transmission from dispatch, reporting that an individual “flashed a gun.”
Supreme Court Asked to Consider Relevance of Officer Training, Subjective Knowledge to Qualified Immunity Defense
Whether law enforcement officers are entitled to qualified immunity when they knowingly violated their training by retaliating against a person for filming an arrest the officers made in public, was submitted this month for the U.S. Supreme Court’s consideration.
Officer Who Used Suspect as ‘Human Shield’ Entitled to Qualified Immunity, Seventh Circuit Holds
An officer who held his gun to a suspect’s head, while using the suspect as a “human shield,” was entitled to qualified immunity because the officer’s conduct did not violate clearly established law, the Seventh Circuit recently held.
Eighth Circuit: Officers Denied Qualified Immunity after Search of Entire Domicile Not Justified under Community Caretaker Exception
In the middle of the night, a drunk man in his 30s took a taxi from St. Louis to Ballwin, Missouri, asked the taxi driver to stop on the street near the home of Jon Luer and his wife, Andrea Steinebach, and exited the taxi without paying his $65 fare. The driver reported the fare skipper to the police at 2:38 am, and officers arrived on the scene 2:45 am.
Supreme Court Denies Qualified Immunity, Finding that Law Is Clear Inmates Require Clean Cells
Trent Taylor is an inmate at the Texas Department of Criminal Justice. For six days in September 2013, Taylor claimed that correctional officers confined him in two different unsanitary cells. In the first, the floor, the ceiling, the window, the walls, and even the water faucet were covered in feces. Taylor did not eat or drink for four days because he feared that he would consume contaminated products.