2 Recent Cases Illustrate the Limits of a Doctrine That Often Blocks Civil Rights Claims
Federal appeals courts rejected qualified immunity for cops and a judge who flouted longstanding constitutional principles.
Qualified Immunity
He Campaigned for the East Cleveland Mayor's Opponent. Then Police Came for His Truck.
A federal court recently revived William Fambrough's lawsuit, which alleges city officials—including then-Mayor Brandon King—retaliated against him for his speech.
Georgia Cop Who Shot a Miniature Donkey Says Body Camera Footage Shows an 'Imminent Threat'
HeeHaw's owner argues that “no reasonable officer…would have believed that such force was necessary or justified.”
The 8th Circuit Rejects Qualified Immunity for a Judge Who Jailed 2 Kids for 'Refusing To Follow Directions'
Frustrated by the children's resistance to a parental custody decision, Judge Eric Eighmy locked them in cells until they became more cooperative.
You Can Now Sue Federal Agents in California. Good Luck Getting Past Qualified Immunity.
Californians can now sue federal officers for civil rights violations, but cops can still claim qualified immunity as a bona fide defense for official misconduct.
The 5th Circuit Rejects Qualified Immunity for Cops Who Searched a Driver After a Bogus Traffic Stop
"It is clearly established that an officer cannot pull someone over without reasonable suspicion and thereafter concoct a fabricated traffic violation," the appeals court says.
Appeals Court Grants Immunity to Texas Cops Who Held Handcuffed Woman Face Down in a Fire Ant Hill
The Fifth Circuit Court of Appeals ruled that Taylor Rogers didn't show that it was clearly established that it was excessive force to be held down on a pile of fire ants while handcuffed.
Appeals Court Upholds Right To Film Police—but Grants Immunity to Cops Who Arrested a Connecticut Videographer
The 2nd Circuit is the latest federal circuit court to find a First Amendment right to record the police.
Supreme Court Limits the Ability To Sue Prison Guards for Religious Liberty Violations
Understanding the stakes of Landor v. Louisiana Department of Corrections.
Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity.
Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.
A Colorado Town Will Pay $675,000 To Settle a Lawsuit After a Police Officer Shot a Family's Dog
The family's attorney says it's the largest settlement for a dog shooting case in Colorado history.
Iowa Man Seen in Viral Body Camera Footage Wins $105,000 Wrongful Arrest Lawsuit
After nearly four years of legal battles, Tayvin Galanakis has finally won his case against the officers who arrested him for allegedly driving while intoxicated without probable cause.
Thomas and Alito Take a Regrettable Position in a Qualified Immunity Case
The two judicial conservatives continue to disappoint criminal justice reform advocates.
Trump's 'Anti-Weaponization Fund' Is Built on a Contradiction
The president has fought to make sure alleged victims of government misconduct cannot get compensation. What changed?
Filming Cops Is a First Amendment Right. The Feds Keep Harassing People for It Anyway.
Most federal appeals courts have recognized the right to record police. DHS employees nevertheless seem to view it as a crime.
Cops Get Qualified Immunity After Michigan Man Spends 13 Hours in Vomit and Dies in Jail
A court granted qualified immunity to all 11 deputies accused of violating John Griswold’s 14th Amendment rights.
Alabama Supreme Court to Cops: It's OK To Force a Pastor Watering Flowers To Show His ID
The court ruled that police can demand a physical ID under the state's stop-and-identify law.
A Jury Approves Damages After 2 Texas Cops Snatched a Supposedly 'Abandoned' Girl From Her Home
The jurors concluded that the officers violated the Fourth and 14th amendments when they seized a 14-year-old without evidence that she was in danger.
Minnesota Bills Would Create State Right To Sue Government Officials for Constitutional Violations
Two different pieces of legislation aim to create state workarounds to the procedural quagmire of federal civil rights litigation.
Arresting a Reporter for Asking Questions Was a 'Blatant First Amendment Violation,' Sonia Sotomayor Says
The justice dissented from the Supreme Court's denial of a petition from a Texas journalist who was charged with felonies for practicing journalism.
Iowa Officials Arrested This Guy for Criticizing Them—Twice. A Federal Judge Says They Are Liable.
A mayor and a police chief "mistook their authority to maintain order for a license to suppress criticism," says U.S. District Judge Stephanie Rose.
Florida Embraces New Urbanist Mega-Developments
Plus: Zohran Mamdani's rent rip-off hearings exclude public housing tenants, Boston Mayor Michelle Wu is a "yes" on rent control, and the intersection of zoning and qualified immunity.
A Texas News Vlogger Asks SCOTUS To Decide Whether Criminalizing Journalism Is 'Obviously Unconstitutional'
This is Priscilla Villarreal’s second trip to the Supreme Court, which last year revived her First Amendment lawsuit.
Minnesota Cop Who Fabricated a Sex-Trafficking Ring Won't Be Held Accountable
The officer made up information and lied multiple times under oath but the government says she has federal immunity.
This Indiana City Doesn't Have To Pay an Innocent Mom $16,000 After Police Wrecked Her Home, Court Rules
Law enforcement launched 30 tear gas canisters into Amy Hadley's home, smashed windows, ransacked furniture, destroyed security cameras, and more. The government gave her nothing.
Florida Deputies Jailed Her for 3 Days Even Though She Was Obviously Not the Suspect Described in a Warrant
A federal judge cleared the way for Jennifer Heath Box's lawsuit against the cops who misidentified her as a fugitive, despite a "mountain of evidence" that they had the wrong woman.
The ACLU Says a New York Official Violated the NRA's First Amendment Rights. They Still Can't Sue Her.
A federal court concluded the official was entitled to qualified immunity in a case that united two unlikely allies.
Why a Trump-Appointed Judge Is Torching His Own Court's Approach to Qualified Immunity
Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.
The 5th Circuit Rejects Qualified Immunity for a Child-Snatching Texas Cop Who Falsely Alleged Abandonment
Alexandra Weaver argued that she could not reasonably have been expected to know her actions were unconstitutional.
A Prosecutor Allegedly Tried To Jail Him for Fighting Civil Forfeiture. He May Finally Get His Day in Court.
Law enforcement seized Robert Reeves' Chevrolet Camaro without charging him with a crime. After he filed a class-action lawsuit, that changed.
Texas Cop Who Killed Unarmed Man Is Not Entitled to Qualified Immunity
Former Rusk County deputy Shane Iverson can now be sued for the 2022 fatal shooting of Timothy Michael Randall, who was fleeing a traffic stop.
On Remand, the 5th Circuit Again Blocks a Lawsuit by a Texas Reporter Arrested for Newsgathering
Even if Laredo cops punished Priscilla Villarreal for constitutionally protected speech, the appeals court says, they would be protected by qualified immunity.
A Nevada Math Professor Who Was Disciplined for Criticizing Curriculum Changes Will Get His Day in Court
The 9th Circuit revived a First Amendment lawsuit by Lars Jensen, who says his community college punished him for complaining about dumbed-down courses.
Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time
The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.
Colorado SWAT Team Raids Wrong Apartment, Locks Innocent Family in Police Car
The cops tried to cover up their mistake after they "terrorized" the family, according to a lawsuit.
A SWAT Team Raided This Innocent Family's Home. The Supreme Court Won't Hear Their Case.
Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.
Maryland Cop Who Recklessly Shot a 5-Year-Old Boy Got Qualified Immunity
The Cato Institute is urging the Supreme Court to take up the case and reaffirm that the liability shield does not apply to "obvious rights violations."
Texas Cop Chases Prostitution Suspect, Causes Car Accident, Gets Immunity
Houston police "initiated a high-speed chase to pursue a suspect evading arrest for paying $40 to solicit sexual activity from another adult," notes a Texas Supreme Court judge.
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Supreme Court Won't Hear a Qualified Immunity Case Where a Cop Disclosed an Abuse Report to a Woman's Abuser
Desiree Martinez says police officers ignored her attempts to report her abusive boyfriend, who was also a cop. Those officers now have immunity from her lawsuit.
Harris' Career As Prosecutor Left Her Totally Unprepared for a Fair Fight
Coercing defendants into plea deals is poor training for convincing people to vote for you.
A Missouri Cop Stole a Woman's Nude Photos During a Traffic Stop, Lawsuit Claims
Former cop Julian Alcala allegedly stole a woman's nude pictures after he took her phone during a traffic stop.
Alabama Pastor Can Sue the Cops Who Arrested Him For Refusing To Show His ID
A federal judge rejected the officers' claims of qualified immunity.
Sixth Circuit Denies Qualified Immunity for State University Officials Who Allegedly Violated Professor's First Amendment Rights
Officials allegedly retaliated against a professor who expressed politically controversial statements about the best treatments for gender dysphoria among youth.
