Qualified Immunity

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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Weighing Qualified Immunity Against Several Versions of the Same UOF Incident

In the Seventh Circuit case of Bayon v. Berkebile, qualified immunity was denied for officers who mistakenly believed that the plaintiff had a gun. The incident became complicated due to the numerous conflicting versions from both the plaintiff and the officers about the use of force. As a reminder, qualified immunity balances the need to hold public officials accountable for irresponsible use of power

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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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Ministerial Versus Discretionary and How They Affect Qualified Immunity

Browning v. Edmonson County, 2021 U.S. App. LEXIS 34090 (6th Cir. KY Nov. 17, 2021) Today’s case from the Sixth Circuit involves a high-speed car chase, a potentially armed suspect, and use of force. This case highlights some terminology that I would like to discuss: discretionary acts or ministerial duties. These terms come into play when minors are present during an event. Our case

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Let Go of the Car: Qualified Immunity Granted after an Escalated Traffic Stop

Today’s case is a reminder of how careful you need to be when conducting a traffic stop. The situation we will discuss today started off as a regular stop with the suspect remaining cooperative, until things took a sharp turn for the worst. Our case today is another use of force case, so let’s review Graham v. Connor. In Graham v. Connor, the Supreme Court

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Qualified Immunity and the Three Factors of Force: Estate of Taylor v. Salt Lake City

Our case today, from the United States Court of Appeals for the Tenth Circuit, outlines qualified immunity and excessive use of force. Before we get into the details of the case, a recap of qualified immunity when it is weighed against alleged excessive force: the plaintiff must establish that the officer’s use of force was objectively unreasonable. When examining reasonableness, the court evaluates the

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Author: Attorney Eric Daigle

Attorney Daigle focuses on evaluating and providing policy and training on areas of increased liability for departments across the country. Attorney Daigle’s keynote focuses on understanding current trends in legal standards, operational standards, and community concern. More importantly, the intersection between these topics to provide departments evaluation and recommendations to move forward.
This publication is produced to provide general information on the topic presented. It is distributed with the understanding that the publisher (Daigle Law Group, LLC) is not engaged in rendering legal or professional services. Although this publication is prepared by professionals, it should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a professional should be sought.

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