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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.

ABA weighs in on suit over lawyer’s immunity 

Published: January 20, 2012

Tags: ABA, American Bar Association, qualified immunity

The American Bar Association has weighed in on a case pending before the U.S. Supreme Court over whether a lawyer in private practice hired by a city can claim qualified immunity from a civil rights lawsuit.

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.

Court ponders if private lawyers get city’s immunity 

By: Kimberly Atkins
Published: January 17, 2012

Tags: attorneys, qualified immunity, sick leave, Supreme Court

WASHINGTON – On Tuesday, the justices of the U.S. Supreme Court wrangled with the question of private lawyers who work on government internal investigations have qualified immunity from civil rights lawsuits.

David E. Mills: Big win before High Court 

Published: January 9, 2012

Tags: Lawyers of the Year, Lawyers of the Year 2011, prison, qualified immunity, sexual assault

It was about 1 p.m. on a Friday afternoon when Cleveland, Ohio sole practitioner David E. Mills realized he had just a few hours to keep a case alive.

That quick action ultimately paid off when Mills won a unanimous victory in Ortiz v. Jordan.

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.

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.

Justices to decide if lawyer immune in §1983 suit 

Published: September 27, 2011

Tags: civil rights, qualified immunity, search and seizure, §1983

The U.S. Supreme Court will decide whether a private lawyer can claim qualified immunity when sued under §1983 for his actions in representing a public employer in an internal affairs investigation.

Officer faces liability for grabbing gun instead of Taser 

Published: August 26, 2011

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

A police officer may be liable for mistakenly shooting a suspect with a gun when she meant to subdue him with a Taser, the 9th Circuit has ruled in reversing a summary judgment.