Qualified immunity is a strong affirmative defense for officers and officials in cases where constitutional violations are alleged. But despite repeated exhortations by the Supreme Court that the analysis about whether a person would be on notice that his/her conduct was unlawful must be highly specific, district courts and even the Ninth Circuit continue to…
Category: Fourth Amendment
A School Yard Lesson on the Fourth Amendment and Qualified Immunity
On September 10, 2018, in Scott v. County of San Bernardino, the Ninth Circuit Court of Appeal affirmed the denial of qualified immunity to a police officer who arrested a group of middle school girls accused of fighting and bullying to “prove a point” and to “teach them a lesson.” The Court held that because…
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