The Affirmative Defense of Qualified Immunity for Law Enforcement

The Affirmative Defense of Qualified Immunity for Law Enforcement
Author: Landmark Publications
Publisher:
Total Pages: 554
Release: 2020-06-25
Genre:
ISBN:

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Qualified immunity is a doctrine aimed at providing government officials (including police officers) a modicum of protection from civil damages liability for actions taken under color of state law. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); McKenney v. Mangino, 873 F.3d 75, 80 (1st Cir. 2017), cert. denied, ___ U.S. ___, 138 S.Ct. 1311, 200 L.Ed.2d 475 (2018). This p.10 protection attaches "to all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). Thus, a government official may invoke the defense of qualified immunity when his actions, though causing injury, did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Conlogue v. Hamilton, 906 F.3d 150, 154 (1st Cir. 2018) (quoting Harlow, 457 U.S. at 818, 102 S.Ct. 2727). The qualified immunity analysis has two facets: "[t]he court must determine whether the defendant violated the plaintiff's constitutional rights" and then must determine "whether the allegedly abridged right was 'clearly established' at the time of the defendant's claimed misconduct." Id. at 155 (quoting McKenney, 873 F.3d at 81). [ . . . ] [The question whether the allegedly abridged right is clearly established] has two facets. First, the plaintiff must "identify either 'controlling authority' or a 'consensus of cases of persuasive authority' sufficient to send a clear signal to a reasonable official that certain conduct falls short of the constitutional norm." Alfano v. Lynch, 847 F.3d 71, 75 (1st Cir. 2017) (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) ). Second, the plaintiff must demonstrate that "an objectively reasonable official in the defendant's position would have known that his conduct violated that rule of law." Id. This latter step is designed to achieve a prophylactic purpose: it affords "some breathing room for a police officer even if he has made a mistake (albeit a reasonable one) about the lawfulness of his conduct." Conlogue, 906 F.3d at 155. Taken together, these steps normally require that, to defeat a police officer's qualified immunity defense, a plaintiff must "identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment." City of Escondido v. Emmons, ___ U.S. ___, 139 S.Ct. 500, 504, 202 L.Ed.2d 455 (2019) (per curiam) (quoting District of Columbia v. Wesby, ___ U.S. ___, 138 S.Ct. 577, 590, 199 L.Ed.2d 453 (2018) ); see Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Although such a case need not arise on identical facts, it must be sufficiently analogous to make pellucid to an objectively reasonable officer the unlawfulness of his actions. See City of Escondido, 139 S.Ct. at 504; Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). Gray v. Cummings, 917 F. 3d 1 (1st Cir. 2019)

Rap on Trial

Rap on Trial
Author: Erik Nielson
Publisher: The New Press
Total Pages: 223
Release: 2019-11-12
Genre: Social Science
ISBN: 1620973413

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide. Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts. Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.

The SAGE Encyclopedia of Leadership Studies

The SAGE Encyclopedia of Leadership Studies
Author: George R. Goethals
Publisher: SAGE Publications
Total Pages: 1981
Release: 2023-02-20
Genre: Business & Economics
ISBN: 1071840819

Leadership Studies is a multi-disciplinary academic exploration of the various aspects of how people get along, and how together they get things done. The fields that contribute to leadership studies include history, political science, psychology, anthropology, sociology, philosophy, literature, and behavioral economics. Leadership Studies is also about the ethical dimensions of human behavior. The discipline considers what leadership has been in the past (the historical view), what leadership actually looks like in the present (principally from the perspectives of the behavioral sciences and political science), and what leadership should be (the ethical perspective). The SAGE Encyclopedia of Leadership Studies will present both key concepts and research illuminating leadership and many of the most important events in human history that reveal the nuances of leadership, good and bad. Entries will include topics such as power, charisma, identity, persuasion, personality, social intelligence, gender, justice, unconscious conceptions of leadership, leader-follower relationships, and moral transformation.

Police Violence

Police Violence
Author: William A. Geller
Publisher: Yale University Press
Total Pages: 398
Release: 1959-12-11
Genre: Political Science
ISBN: 9780300107470

Although the prevalence of police-citizen conflict has diminished in recent decades, police use of excessive force remains a concern of police departments nationwide. This timely book focuses on what is known and what still needs to be learned to understand, prevent, and remediate police abuse of force. The topics covered include: a theory of police abuse of force; the causes of police brutality; measures of its prevalence; the violence-prone police officer; public opinion about police abuse of force; the issue of race; officer selection, training, and attitudes; police unions and police culture; administrative review; procedural justice and the review of citizen complaints; the role of lawsuits; and a survey of police brutality abroad. In the final chapter Geller and Toch suggest new directions for research and practical innovations in law enforcement, from which both police and citizens can benefit. The contributors to this volume are scholars of criminology, criminal justice, social psychology, law, and public administration; former police managers; a police union leader; civilian oversight agency administrators and analysts; civil liberties advocates; police litigation expert witnesses; and media commentators. The combination of theoretical and practical perspectives makes this book ideal for students and scholars of democratic policing and for those in police departments, government, and the media charged with addressing and understanding the problem of improper exercise of force.

Ben Jerry's Double Dip

Ben Jerry's Double Dip
Author: Ben Cohen
Publisher: Simon and Schuster
Total Pages: 310
Release: 1998-05-13
Genre: Business & Economics
ISBN: 0684838559

Published in paperback for the 20th anniversary of Ben & Jerry's Homemade, Inc.--the business philosophy of a company that has won the taste buds of America as well as earned the admiration of Wall Street.

Ben & Jerry's Homemade Ice Cream & Dessert Book

Ben & Jerry's Homemade Ice Cream & Dessert Book
Author: Ben Cohen
Publisher: Workman Publishing Company
Total Pages: 131
Release: 2012-02-01
Genre: Cooking
ISBN: 0761171126

With little skill, surprisingly few ingredients, and even the most unsophisticated of ice-cream makers, you can make the scrumptious ice creams that have made Ben & Jerry's an American legend. Ben & Jerry's Homemade Ice Cream & Dessert Book tells fans the story behind the company and the two men who built it-from their first meeting in 7th-grade gym class (they were already the two widest kids on the field) to their "graduation" from a $5.00 ice-cream-making correspondence course to their first ice-cream shop in a renovated gas station. But the best part comes next. Dastardly Mash, featuring nuts, raisins, and hunks of chocolate. The celebrated Heath Bar Crunch. New York Super Fudge Chunk. Oreo Mint. In addition to Ben & Jerry's 11 greatest hits, here are recipes for ice creams made with fresh fruit, with chocolate, with candies and cookies, and recipes for sorbets, sundaes, and baked goods.

The Affirmative Defense of Qualified Immunity for Law Enforcement

The Affirmative Defense of Qualified Immunity for Law Enforcement
Author: Landmark Publications
Publisher: Independently Published
Total Pages: 550
Release: 2018-09-28
Genre: Law
ISBN: 9781723910968

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss and analyze issues surrounding the doctrine of qualified immunity when used by law enforcement professionals. * * * The doctrine of qualified immunity insulates government officials from lawsuits, shielding them "from undue interference with their duties and from potentially disabling threats of liability." Wright v. City of Philadelphia, 409 F.3d 595, 599 (3d Cir. 2005) (quoting Elder v. Holloway, 510 U.S. 510, 514, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994)). In determining the applicability of qualified immunity, courts examine two prongs. First, whether the facts alleged (in the context of a motion to dismiss or for judgment on the pleadings) or shown (in the context of a motion for summary judgment or a trial) "make out a violation of a constitutional right." Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Second, "whether the right at issue was 'clearly established' at the time of defendants' alleged misconduct." Id. (quoting Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). A right is "clearly established" when its "contours ... [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (quotation marks omitted). Courts need not evaluate the two prongs sequentially, Pearson, 555 U.S. at 236, 129 S.Ct. 808, and the failure of either prong will result in application of qualified immunity, James v. City of Wilkes-Barre, 700 F.3d 675, 679 (3d Cir. 2012). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018). * * * Qualified immunity is an affirmative defense on which the defendant has the burden of proof. See, e.g., Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980); Rogoz v. City of Hartford, 796 F.3d at 247. "To the extent that a particular finding of fact [i]s essential to an affirmative defense, ... it [i]s incumbent on [the defendant] to request that the [factfinder] be asked the pertinent question." Kerman, 374 F.3d at 120. Outlaw v. City of Hartford, ibid.

The Affirmative Defense of Qualified Immunity for Law Enforcement

The Affirmative Defense of Qualified Immunity for Law Enforcement
Author: Landmark Publications
Publisher: Independently Published
Total Pages: 542
Release: 2020-06-29
Genre:
ISBN:

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). As the Supreme Court has explained, "[q]ualified immunity balances two important interests-the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably." Id. * * * "The qualified immunity analysis entails two general steps, which can be considered in any order." Godawa v. Byrd, 798 F.3d 457, 462-63 (6th Cir. 2015) (citing Pearson, 555 U.S. at 236, 129 S.Ct. 808). "First, taken in the light most favorable to the party asserting the injury, do the facts alleged show that the officer's conduct violated a constitutional right? Second, is the right clearly established?" Seales v. City of Detroit, 724 F. App'x 356, 359 (6th Cir. 2018) (quoting Silberstein v. City of Dayton, 440 F.3d 306, 311 (6th Cir. 2006)). "To qualify as clearly established, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Kindl v. City of Berkley, 798 F.3d 391, 398 (6th Cir. 2015) (alteration in original) (internal quotation marks omitted) (quoting Brown v. Lewis, 779 F.3d 401, 412 (6th Cir. 2015))."[T]he plaintiff bears the burden of showing that an officer is not entitled to the defense of qualified immunity." Courtright v. City of Battle Creek, 839 F.3d 513, 518 (6th Cir. 2016) (citing Johnson v. Moseley, 790 F.3d 649, 653 (6th Cir. 2015)). Rafferty v. Trumbull County, Ohio, 915 F. 3d 1087 (6th Cir. 2019)