Police may have violated a woman’s civil rights when they shot her twice with a Taser for allegedly interfering with the arrest of her son, the 7th Circuit has ruled in reversing judgment.
11-3758 Humphries v. Milwaukee County
2012AP364 Caraballo v. County of Sawyer, et al.
11-3418 Miller v. Harbaugh
11-262 Reichle v. Howards
11-1059, 11-1060, 11-1061, 11-1068, 11-1069 & 11-1070 Whitlock v. Brueggemann
10-1654 Phillips v. Community Ins. Corp.
10-1018 Filarsky v. Delia
11-2170 Fleming v. Livingston County
11-2138 McComas v. Brickley
10-704 Messerschmidt v. Millender
10-2356 Gonzalez v. Village of West Milwaukee
Civil Rights
Excessive force; qualified immunity
Civil Rights Qualified immunity; appeal The Court may review a lower court’s constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds. This Article III standard often will be met when immunized officials seek to challenge a determination that their conduct violated the Constitution because that ruling may [...]
Civil Rights First Amendment; qualified immunity Where a city’s police arrested marchers en masse despite waiving the permit requirement, the city is not entitled to qualified immunity. “The Chicago police likewise have an unwritten policy of waiving the permit requirement for a spontaneous demonstration, including (so far as we can determine) a ‘planned spontaneous’ demonstration [...]
Civil Rights Qualified immunity; waiver Defendants do not waive a qualified immunity defense by only treating the issue in a cursory fashion. “The district court erred by ruling that the defendants waived their qualified immunity argument as to the First Amendment retaliation claims. It is certainly true that the discussion in their opening memorandum in [...]
Civil Rights Qualified immunity; summary judgment; appeal A party may not appeal a denial of summary judgment based on qualified immunity after a district court has conducted a full trial on the merits. A qualified immunity plea, not upheld at the summary judgment stage, may be pursued at trial, but at that stage, the plea [...]
Civil Rights Qualified immunity Where officers arrested a meter reader, even though she had all the indicia of a meter reader performing her job, on suspicion of casing homes to commit burglary, the officers were properly denied qualified immunity. “The fatal flaw in Officers Clark and Kaminski’s argument is that they cannot point to a [...]