Tag Archives: qualified immunity

SCOTUS Opinion: Dismissal of Claims Under Federal Tort Claims Act Bars Bivens Claims

In Brownback v. King, a student at the University of Michigan was mistaken for a fugitive and tackled and punched by two federal officers. The student sued, alleging tort claims against the federal government under the Federal Tort Claims Act, and separately sued the individual officers under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388  (1971). The district ... Read More

SCOTUS Opinion: Court Begins Scaling Back Qualified Immunity

In Taylor v. Riojas, an inmate sued the correctional officers who confined him in a pair of “shockingly unsanitary cells,” one of which the inmate was forced to sleep in without a bunk or clothing in frigid conditions. The Fifth Circuit had held that the conditions violated the Eighth Amendment’s prohibition on cruel and unusual punishment, but since the law ... Read More

Court Awards Qualified Immunity To Officer Who Shot Woman Claiming Excessive Force

In Kisela v. Hughes, officers reporting to a call of a woman acting erratically with a large knife discovered Ms. Hughes emerging from her house with a knife in her hand, heading toward another woman, Ms. Chadwick, who it turned out was Hughes’ roommate. Hughes stopped six feet from Chadwick, and the officers drew their firearms and told Hughes ... Read More

Court Finds Probable Cause To Arrest Partygoers For Unlawful Entry

When police officers busted a raucous party being held in a vacant house, some of the partygoers said that “Peaches” owned the house and allowed the party. On the phone, though, Peaches admitted she had no such authority, and the true owner told police he had never given anyone permission to be there. The officers arrested the partygoers for violating ... Read More