As the Supreme Court has repeatedly emphasized, qualified immunity is an issue that should be decided at the earliest opportunity. Typically this means the issue is raised at the motion to dismiss stage if it can be argued based on the allegations in the complaint, and/or at the summary judgment stage when evidence can be…
Category: Ninth Circuit
Ninth Circuit says No Qualified Immunity for Off-Duty Police Officer Working as Security Guard
Synopsis: On August 23, 2017, in Bracken v. Okura, 2017 U.S. App. LEXIS 16105 (9th Cir. Aug. 23, 2017), the Ninth Circuit Court of Appeals ruled that an off-duty police officer working as a hotel security guard was not entitled to qualified immunity. Even though the officer was wearing his police uniform and the police…
When is a Plaintiff a “Prisoner” for Purposes of Exhausting Administrative Remedies under the PLRA?
An Analysis of the Ninth Circuit’s Ruling in Jackson v. Fong.
Four Thoughts on County of Los Angeles v. Mendez
Last month, the Supreme Court issued its long-awaited opinion in County of Los Angeles v. Mendez, overturning the Ninth Circuit’s decision. As noted in our earlier preview of the pending case, the primary issue before the Supreme Court was whether a law enforcement officer could be held liable for a Fourth Amendment violation when he…
Supreme Court Preview: County of Los Angeles v. Mendez
Can an officer be held liable for reasonable use of force that he allegedly provoked?
How to Handle Costs When Plaintiffs Claim They Are Penniless
What happens if a party proceeds with the lawsuit, loses, and then claims he cannot pay?
Byrd v. Maricopa County Board of Supervisors: An Example of a Screened-out Case Dismissal Being Overturned and Remanded
By Christopher T. Kim Under 28 U.S.C. § 1915A, courts are required to screen cases where a prisoner sues the government or a government employee. The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint is “frivolous, malicious, or fails to state a claim upon which…
Shepard v. Quillen: Can a Prison Official Place an Inmate in Administrative Segregation Simply for Reporting Staff Misconduct?
By Christopher T. Kim California corrections officers were making their rounds when inmate Lamont Shepard refused to identify himself. The corrections officers proceeded to remove Shepard from his cell and escorted him to a holding room. Shepard reported to a Lieutenant that he needed medical treatment because one of the corrections officers roughed him up…
burkebeatcom.wordpress.com 