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 […]
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
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
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
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
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
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
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
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
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,
Clearly Established Rights and Deadly Use of Force Continue Reading »
By Adrianna Aresco, Daigle Law GroupOctober 25, 2022 The Supreme Court recently declined to take up an appeal sought by the widow of Antonio Gordon, pertaining to the 6th Circuit’s decision in Gordon v. Bierenga, which granted immunity to the police officer
Highest Court Refuses to Review 6th Circuit’s Grant of Immunity to Officer Continue Reading »
Today’s Legal Update from the Tenth Circuit highlights excessive force being used after a suspect is handcuffed. In all use of force cases, the courts spotlight Graham v. Connor, which held that a claim of excessive force by law enforcement
Pepper Spray and Unreasonable Use of Force Continue Reading »
