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Officers entitled to qualified immunity despite warrantless entry 

Published: January 23, 2012

Tags: civil rights, Fourth Amendment, qualified immunity, §1983

The Fourth Amendment permitted police officers to enter a residence without a warrant if they had a reasonable basis for concluding that there was an imminent threat to their safety and the safety of others, the U.S. Supreme Court has ruled in granting the officers in the case qualified immunity.

§1983 – QUALIFIED IMMUNITY 

Published: January 23, 2012

Tags: qualified immunity, §1983

Because the Fourth Amendment permitted police officers to enter a residence if they had a reasonable basis for concluding that there was an imminent threat to their safety and the safety of others, they were entitled to qualified immunity despite the lack of a warrant.

See “Officers entitled to qualified immunity despite warrantless entry.”

U.S. Supreme Court. Ryburn v. Huff, No. 11-208. Jan. 23, 2012. Lawyers USA No. 993-3510.

Officers may be liable for use of dog to subdue driver 

Published: January 19, 2012

Tags: civil rights, Excessive Force, Fourth Amendment, qualified immunity, §1983

A driver could proceed with an excessive force lawsuit against officers who allegedly allowed a police dog to bite him repeatedly after he fled from a traffic stop, the 11th Circuit has ruled in reversing judgment.

Constitution doesn’t protect student’s anti-gay views 

Published: December 21, 2011

Tags: civil rights, First Amendment, §1983

The First Amendment does not protect a graduate student who was directed by school officials to enter a remediation program due to her religious views on homosexuality, the 11th Circuit has ruled in affirming judgment.

Employer liable for firing transgender worker 

Published: December 8, 2011

Tags: civil rights, equal protection, gender discrimination, transgender, §1983

A government employer violated a transgender employee’s equal protection rights when it fired her upon learning that she would go forward with a sex change, the 11th Circuit has ruled.

Can cops face suit for search based on bad warrant? 

By: Kimberly Atkins
Published: December 5, 2011

Tags: qualified immunity, search and seizure, Supreme Court, §1983

WASHINGTON – The justices of the U.S. Supreme Court are searching for a standard to apply to determine whether qualified immunity protects police who conduct a search on a warrant that was facially valid, but is later invalidated because it was overbroad and pertinent information was misstated or omitted.

Supreme Court to decide if retaliatory arrest suit is barred 

Published: December 5, 2011

Tags: civil rights, First Amendment, immunity, retaliation, §1983

The U.S. Supreme Court will decide whether the existence of probable cause to make an arrest bars a First Amendment retaliatory arrest claim.

Conviction doesn’t bar suit over police shooting 

Published: November 14, 2011

Tags: civil rights, Excessive Force, Fourth Amendment, wrongful death, §1983

A wrongful death lawsuit arising from a police shooting is not barred by the conviction of the victim’s companion at the time for assault on an officer, the California Court of Appeal has ruled in reversing a dismissal.

Officers may be liable for use of beanbag gun 

Published: November 10, 2011

Tags: civil rights, Excessive Force, Fourth Amendment, §1983

Police officers may be liable for violating the civil rights of a suicidal young man who they shot and killed after attempts to subdue him with a beanbag gun failed, the 9th Circuit has ruled in reversing a summary judgment.

Officers immune from liability for ‘excessive’ Taser use 

Published: October 24, 2011

Tags: Excessive Force, Fourth Amendment, qualified immunity, Taser, §1983

Police who may have violated the Fourth Amendment by using their Tasers in an excessive manner are nonetheless entitled to immunity from civil rights claims, the en banc 9th Circuit has ruled.