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Tag Archives: Qualified immunity

09-1454 Camreta v. Greene

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 have prospective effect on the ...

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09-2768, 09-2843 & 09-2901 Vodak v. City of Chicago

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 (oxymoron that it is), such ...

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10-1440 Hernandez v. Cook County Sheriff’s Office

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 support of summary judgment left ...

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09-737 Ortiz v. Jordan

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 must be evaluated in light ...

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09-3574 Jones v. Clark

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 single circumstance that could have ...

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