Legal Update

Body-Worn Camera Footage Proves that Officers’ Use of Force was Unnecessary

In this week’s case from the Eighth Circuit, an officer was denied qualified immunity. It is important to remember that when reviewing a claim of qualified immunity, courts are not allowed to resolve genuine disputes of fact in favor of the party seeking summary judgment. In this case, there were two conflicting accounts of the events, but the court had body-worn camera footage that […]

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Creating Your Assessment: Policies Are Only Part of It

Lately, I have been getting similar questions from various departments, “once we have our policies completed, we are ready for our assessment, right?” The answer is “no.” Completing your policies is part of the accreditation equation, but in order to be ready for your on-site assessment, there is much more to do.First, even though your policies are drafted, you will need to scrutinize each

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Wrongful Seizure Leads to Denial of Qualified Immunity for Officers

In today’s case from the Eighth Circuit Court of Appeals our officers made several mistakes that led to the court ruling against qualified immunity for them. Police officers are “entitled to qualified immunity unless: (1) the evidence, viewed in the light most favorable to [the plaintiffs], establishes a violation of a constitutional or statutory right; and (2) the right was clearly established at the

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What Validates Use of Force?

Today’s case from the Fifth Circuit Court of Appeals involves the use of deadly force and poses a question regarding qualified immunity. The standard used to examine the use of force is proscribed by Tennessee v. Garner. In Garner, the Supreme Court held that when an officer uses deadly force, the reasonableness of such force turns primarily on whether “the officer had probable cause

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Would You Use the “Stalking Horse” Maneuver?

Today’s case arises from the Seventh Circuit and introduces new terminology in the context of parolee rights. The distinguishable context of parolee rights is justified by the notion that insists- if you have broken the law once; the state has a special interest and right to check in on the individual, to assure the prevention of repeat offending instances.   In Griffin v. Wisconsin, the

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Deadly Use of Force Against an Armed Suspect

Today’s case from the Ninth Circuit involves the use of deadly force by a Sergeant, who was subsequently denied qualified immunity which he later appealed. On appeal from a denial of qualified immunity, the court must determine: (1) whether there has been a violation of the constitutional right; and (2) whether that right was clearly established at the time of the officer’s alleged misconduct.

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Clearly Established Rights and Deadly Use of Force

Our case today from the Eight Circuit highlights an alleged use of excessive force. To determine if the Officer in today’s case qualified for immunity, the court asked two questions: first, did his actions violate a constitutional right and second, was the right clearly established? To determine if a right is clearly established, the court will focus “on whether the officer had fair notice

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Highest Court Refuses to Review 6th Circuit’s Grant of Immunity to Officer

By Adrianna Aresco, Daigle Law GroupOctober 25, 2022 The Supreme Court recently declined to take up an appeal sought by the widow of Antonio Gordon, pertaining to the 6th Circuit’s decision in Gordon v. Bierenga, which granted immunity to the police officer who fatally shot Gordon in a drive-through line during vehicular flight.  The test that governs inquiries of qualified immunity maintains that: Public Officials are afforded immunity from civil

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