"By sending the case back, the Supreme Court is signaling to the Eighth Circuit that excessive force cases require a hard look at specific facts and circumstances and can't be dismissed lightly." Part of the ruling stated: "It is unclear whether the court thought the use of a prone ...
U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force CasesLoomba, Lalit
The Supreme Court heard arguments in Egbert v. Boule on Wednesday, taking up the fundamental question of whether federal police officers may be sued for excessive force in violation of the fourth amendment and retaliating against an individual for complaining about an incident in violation of the f...
In an analysis of hundreds of appeals in excessive force cases between 2005 and 2019, Reuters found an increasing tendency in the courts to grant qualified immunity. (Reporting by Andrew Chung in New York; Editing by Will Dunham) Copyright 2021 Thomson Reuters. Tags: United...
The Supreme Court of Canada says police don’t have the power to arrest anyone acting lawfully simply to prevent a possible outbreak of violence or disorder. The unanimous decision says such an arrest is not justifiable in cases where someone has not and is not about to commit an offence, ...
The Supreme Court created qualified immunity decades ago, but in recent years, it has turned away other opportunities to reconsider the legal shield. AReuters investigationpublished in May found police have won 57% of cases where they asserted qualified immunity from 2017 to 2019. ...
while the period of de- tention at issue in Zadvydas was "indefinite" and "potentially per- manent," id., at 690–691, the record shows that 1226(c) detention not only has a definite termination point, but lasts, in the majority of cases, for less than the 90 days the Court consi...
Both cases arose in the context of domestic violence. In both, there was a suit against a police officer for excessive force in both the lower court that allowed the case to go forward, but in each the Supreme Court unanimous reversed based on qualified immunity. Rivas-Villegas v. Cortes...
S. 78, 99. Second, the Court explained that the only rights due process protected against state infringement were those "of such a nature that they are in- cluded in the conception of due process of law." Ibid. Third, some cases during this era "can be seen as having asked . . ....
Supreme Court Blocks Title IX Rewrite Saturday, August 17th, 2024 Multiplelower courtshave blocked the Biden Administration’s attempt to unilaterally rewrite the meaning of Title IX in favor of transexism via executive fiat, holding that it violates the clear intent and language of the original st...