Qualified Immunity Archives - DLG Learning Center

Cameras, Commands, and Constitutional Boundaries: Second Circuit Examines Massimino v. Benoit

The United States Court of Appeals for the Second Circuit recently issued an opinion in Massimino v. Benoit, addressing whether officers can be granted qualified immunity for conducting an investigative detention of someone who is exercising their First Amendment right to record police activity from a public location. Summary of the Facts In October 2018, Keith Massimino conducted a “First Amendment audit” outside of

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Refused Care, Reasonable Restraint: Eleventh Circuit Affirms Qualified Immunity in Marbut v. Phillips

In Marbut v. Phillips, 176 F.4th 1256 (11th Cir. 2026), the United States Court of Appeals for the Eleventh Circuit affirmed qualified immunity for officers who detained and restrained a woman following a suspected GHB overdose. The Eleventh Circuit found that officers had an objectively reasonable basis to seize her under the emergency-aid doctrine, applying the Supreme Court’s decision in Case v. Montana, 607

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Fuqua v. Santa Fe County Sheriff’s Office: Reassessing Threat Perception and Use of Deadly Force

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Fuqua v. Santa Fe County Sheriff’s Office. This case stems from an incident in July 2021 when Deputy Leonardo Guzman pulled behind Jason Roybal’s vehicle. Knowing that Roybal had outstanding warrants, Deputy Guzman activated his emergency lights to initiate a traffic stop. Instead of pulling over, Roybal attempted to flee.

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Four Minutes, Two Taser Deployments, and a Fatal Shot: Burke v. Pitts Reaffirms That Qualified Immunity Has Limits

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Burke v. Pitts, a case that arose after a response to a domestic disturbance call ended with multiple Taser discharges and a fatal shooting within four minutes of officer arrival.1 The United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of qualified immunity for the officers, holding that, under clearly established law, the officers’ use of force was

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No Suspicion, No Strip Search: Eleventh Circuit Bars Suspicionless Searches of Prison Visitors and Rejects Qualified Immunity

The Eleventh Circuit held that prison officials generally may not conduct strip searches of civilian visitors without reasonable suspicion that the visitor is concealing contraband. The court also held that qualified immunity did not protect the officers because the constitutional violation was sufficiently clear that a reasonable officer would have understood the conduct was unlawful. Summary of the Facts In February 2017, Clarissa Gilmore

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From Toy Blade to Tragic End: Napouk v. Las Vegas Metro Police Evaluates Deadly Force and Qualified Immunity

The United States Court of Appeals for the Ninth Circuit recently issued a decision in Napouk v. Las Vegas Metropolitan Police Department, a case involving the use of deadly force. The ruling highlights the challenges law enforcement officers face when making split-second decisions in tense, uncertain, and rapidly evolving situations. Stemming from the fatal shooting of Lloyd Napouk by two officers from the Las

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Care or Consequence: Unraveling the Ninth Circuit’s Stance on State Created Danger in Martinez v. High

Martinez v. High, a case out of the Ninth Circuit Court of Appeals, recently explored the intersection of duty of care and the State-Created Danger Doctrine, challenging law enforcement to carefully balance their protective role with the potential dangers their actions or inactions may induce. The Plaintiff, Desiree Martinez, filed a lawsuit under 42 U.S.C. § 1983 against Clovis police officer, Channon High. Martinez

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High-Stakes Traffic Stop: When Guns, Fugitives, and Family Collide

Background In Hemry v. Ross, the Tenth Circuit Court of Appeals recently addressed the issues of false arrest and excessive force during an investigative stop when Yellowstone National Park Rangers mistook the identity of a family, believing that they were a wanted fugitive tied to the murders of three women.1 While the district court denied qualified immunity to the rangers, the Tenth Circuit Court

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How Qualified Immunity is Affected by Clearly Established Law

Our case today from the Tenth Circuit covers qualified immunity and excessive force and brings up another case that is important to note when handling qualified immunity: Heck v. Humphrey. While we often discuss qualified immunity cases, many of them are dismissed under Heck v. Humphrey. In Heck v. Humphrey, the Supreme Court held that a plaintiff could not bring a civil-rights claim for

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Witness’s Change of Story Causes Qualified Immunity Decision to Change

The case of Gambrel v. Knox County, 25 F.4th 391 (6th Cir. 2022) brings to light the complex issue of qualified immunity and the use of deadly force by law enforcement. The Sixth Circuit overturned a decision on qualified immunity in this case, due to a tricky aspect of determining credibility of witness statements. In this case, a witness initially supported the officers’ portrayal

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