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Qualified Immunity

369 published works

  1. Simple Justice

    Tuesday Talk*: Is There Really A Right To Record Police In The Second Circuit?

    By Scott Greenfield

    The issue had already been decided by eight other circuits, but that’s not good enough in the very self-important Second Circuit Court of Appeals. So when the question arose in Massimino…

  2. California Public Safety Labor Blog

    SB 747 Risks ‘Watered Down’ Qualified Immunity for CA Officers

    By Mastagni Law

    During the Assembly Judiciary Committee hearing held on June 9, 2026, David E. Mastagni appeared on behalf of the Peace Officers Research Association of California with Jonathan Feldman on behalf…

  3. Religion Clause

    Cert. Petition Filed Challenging Grant of Qualified Immunity In 1st Amendment Case

    By Howard Friedman

    A petition for certiorari (full text) was filed with the U.S Supreme Court last week seeking review of the 5th Circuit's decision in Hershey v. City of Bossier City. In the…

  4. Paul W. Mollica Federal Courts Blog

    Even Where the Underlying Defense Is Qualified Immunity, There is No Collateral-Order Appeal from a District Court’s Denying a Dispositive Motion That Exceeds the Page Limits Set by Local Rules, Holds Tenth Circuit

    By Paul W. Mollica

    In Jefferson v. Moore, No. 25-3020 (10th Cir. June 5, 2026), the Tenth Circuit dismisses an appeal of a qualified immunity defense where the district court “denied the motion without…

  5. Paul W. Mollica Federal Courts Blog

    District Court’s Failure to Adjudicate Qualified Immunity “At the Earliest Possible Stage in the Litigation” Subject to Appeal Under Collateral-Order Doctrine, Holds Fifth Circuit

    By Paul W. Mollica

    In Wertenbroch v. Hardeman, No. 25-40616 (5th Cir. June 3, 2026), the Fifth Circuit holds that even a non-response by a district court to a motion for qualified immunity can…

  6. Simple Justice

    Constitutional Calvinball: The Precedential Value of Shadow Docket Rulings

    By Scott Greenfield

    In the comments to Josh Blackman’s post at VC, Molly Godiva called it “constitutional Calvinball.” Josh contrasts two shadow docket decisions to raise the question of whether, and to what…

  7. North Carolina Criminal Law

    Case Summaries: Fourth Circuit Court of Appeals (March 2026)

    By Phil Dixon

    This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2026. Cases of potential interest to state practitioners are summarized monthly.…

  8. Paul W. Mollica Federal Courts Blog

    Two Circuits Address Scott v. Harris and Video Evidence in Assessing Qualified Immunity for Police Officers Under 42 U.S.C. § 1983

    By Paul W. Mollica

    In Smith v. Miami Valley Hosp., No. 24-3983 (6th Cir. Apr. 20, 2026) and Perez v. Guetschow, No. 25-1617 (7th Cir. Apr. 20, 2026), two panels decide interlocutory appeals of…

  9. Wait A Second!

    Protester loses excessive force on qualified immunity grounds

    By secondcircuitcivilrightsblogsecondcircuitcivilrig

    You may not be aware of this, but the Supreme Court on a regular basis summarily reverses rulings from around the country holding that a jury may find that police…

  10. Missouri Lawyers Media

    Supreme Court grants qualified immunity to Vermont officer in protester force claim

    By The Washington Post

    The Supreme Court on Monday shielded a Vermont police officer from a legal claim that he used excessive force in 2015 on a protester during a sit-in at the state’s…