The Ninth Circuit Court of Appeals has recently rendered a decision in the case of Waid v. County of Lyon, a case that centers on claims of excessive force used by two law enforcement officers. This case emerged from an incident involving the officers’ response to a 911 call reporting domestic violence, which tragically resulted in the shooting of Robert Anderson. This case arose […]
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
How Qualified Immunity is Affected by Clearly Established Law Continue Reading
In Coronado v. Olsen, Fernando Coronado and his wife filed a §1983 claim against two SWAT officials that responded to a 911 dispatch call for domestic violence and alleged suicide threats.1 Coronado complained that Officers Hill and Olsen used excessive force when using their tasers to subdue him. West Valley City’s SWAT team arrived at Coronado’s home and began immediate attempts to negotiate with
When Tactical Operations & Mental Health Crises Collide Continue Reading
Today’s case from the Eleventh Circuit examines an excessive use of force that ultimately ended in an officer being denied qualified immunity. Qualified immunity protects officers from civil liability unless their conduct violates clearly established constitutional rights of which a reasonable person would have known. In excessive force cases, whether a plaintiff’s constitutional rights were violated is governed by the Fourth Amendment’s objective reasonableness
Mouthy Detainees and Excessive Force: Johnson v. City of Miami Beach Continue Reading
The Supreme Court of the United States has a packed schedule in 2023, with several cases that could potentially impact law enforcement officers and departments across the country. In this article, we will provide an overview of both, scheduled and petitioned cases to be on the lookout for. First up on the Court’s Docket is Counterman v. Colorado, which is set to be argued
Betts v. Brennan, a case in the Fifth Circuit, involves a use of force incident during a traffic stop. The district court initially decided the case and cited Hanks v. Rogers, another use of force case where the court held that the plaintiff successfully rebutted the defendant’s qualified immunity defense. In Hanks v. Rogers, the court concluded that the plaintiff’s Fourth Amendment right to
Force That Matches the Escalation of Resistance Continue Reading
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
Weighing Qualified Immunity Against Several Versions of the Same UOF Incident Continue Reading
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
What Validates Use of Force? Continue Reading
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.
Deadly Use of Force Against an Armed Suspect Continue Reading
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
Clearly Established Rights and Deadly Use of Force Continue Reading
Martinez v. High, a case out of the Ninth Circuit Court of Appeals, recently explored the…
The United States Court of Appeals for the Third Circuit recently heard United States v. Amos,…