On September 23, 2020, the Eleventh Circuit Court of Appeals decided Teel v. Lozada[i], in which the court examined whether an officer was entitled to qualified immunity when he shot a woman that was armed with a knife, suicidal and walking slowly toward the officer.  The facts of Teel, taken directly from the case, are as follows: The facts elicited during discovery are as follows.2 The Indian River County Sheriff's Office dispatch notified officers that a 911 call came through describing a person—later determined to be Mrs. Teel—who had "possibly cut herself," was "under the influence of alcohol," and had [...]

On September 10, 2020, the Fifth Circuit Court of Appeals decided Renfroe v. Parker[i], in which the court examined whether officers were entitled to qualified immunity for the shooting death of an unarmed man who was attacking an officer.  The facts of Renfroe, taken directly from the case, are as follows: On the evening of June 8, 2018, the Madison County Sheriff's Department ("MCSD") received a 911 call from an individual named Willard McDaniel, who reported an attempted burglary. Mr. McDaniel provided a description of the vehicle the suspects were driving to the 911 dispatcher, who then radioed all on-duty [...]

On September 10, 2020, the Fifth Circuit Court of Appeals decided Nerio v. Evans[i], in which the court examined whether officers were entitled to qualified immunity for arresting the wrong person under a warrant, after a drug investigation.  The facts of Nerio, taken directly from the case, are as follows: Narcotics officers from the Texas Department of Public Safety ("DPS") used court-authorized pen registers and wiretaps to collect evidence of a meth deal in Austin. The meth purchaser's phone number was registered to Carlos Nerio. A DPS surveillance unit also witnessed a meth purchase. The purchaser was driving a silver Chevrolet [...]

On September 16, 2020, the Seventh Circuit Court of Appeals decided the United States v. Green[i], in which the court examined whether a security guard working for a company that provided security for the Chicago Housing Authority (CHA) was a “state actor,” such that the Fourth Amendment would apply to searches and seizures the guard conducted.  The relevant facts of Green, taken directly from the case, are as follows: On January 27, 2017, when Green was visiting a friend at a CHA public housing unit in Trumbull Park. Sirjohn  Hudson, a security guard employed by AGB Investigative Services (AGB), dropped [...]

At the outset, it is important to understand the concept of Qualified Immunity and how the process works in determining whether the case will be dismissed or in the alternative, that an officer will face a trial.  As a general matter, following discovery, attorneys representing officers will file a motion for summary judgment and qualified immunity.  In doing so, two basic concepts are put before the court. Even if one accepts the plaintiff’s version of events, there was no Constitutional Violation. Even if one accepts the plaintiff’s version of events and there was a Constitutional Violation, the case should still [...]

Over the several years, there has been ongoing disagreement amongst the Federal Circuits with respect to the analysis applied in deadly force cases.  Most of the Federal Circuits adopt a position that the officer’s use of deadly force be examined at the Moment In Time the force was used to determine the objective reasonableness of the force, without considering the actions of the officer leading up to the use of deadly force. The United States Court of Appeals for the 10th Circuit for more than a decade has held that an officer’s immediately connected conduct should also be considered and [...]