Sunday, March 19, 2017

Recent Qualified Immunity Decisions

For a recent taste of how much trouble plaintiffs are having getting past qualified immunity, consider Young v. Borders from the 11th Circuit (denying rehearing en banc in case where police officer shot a homeowner) and Maney v. Garrison from the 4th Circuit (officer allowed police dog to maul individual on street who was not otherwise a threat). In both, we see the court of appeals parsing precedent to identify distinctions with the current facts and narrowly defining the right to not be obvious.

Do not be surprised if SCOTUS takes a closer look at one of these, as it did in Tolan v. Cotton. Keep an eye out.