Qualified Immunity

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• SCOTUS year in review: Decisions on vehicle stops and qualified immunity

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  While the 2019 U.S. Supreme Court term was a quiet year for police-related cases, Justice Clarence Thomas continued to express concern with qualified immunity

• Top 5 LE game changers of 2020

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  In a year that brought relentless challenges, these are the five events the P1 team and our readership viewed as having the most significant impact

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  Why quality matters in suspect and witness interviews – and how to get it

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  MaestroVision

  Judges and juries expect police-shot videos to be broadcast-quality, and may view inferior videos with out-of-sync audio as proof of evidence tampering

• Preventable false arrest defeats qualified immunity

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  Officers are frequently cautioned to slow down in approaching dangerous situations. Pause, take a moment to think when there is discretionary time

• Mass. lawmakers strike deal on landmark police reform bill

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  The long-stalled bill will create a certification system for officers but backs off on changes to qualified immunity

• Too close for safety: Qualified immunity granted within zone of imminent danger

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  Where discretionary time and tactical circumstances permit, giving a warning before using force is essential

• What can law enforcement expect from Justice Amy Coney Barrett?

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  Justice Barrett is protective of privacy rights and has authored two 7th Circuit opinions wherein she held for the defendant in search and seizure cases

• Should cops buy liability insurance?

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  While it is technically ‘possible’ that an individual officer could face personal liability, the odds are pretty slim

• Struggle in car leads to deadly officer-involved shooting

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  Court decisions have held it is reasonable for officers to use deadly force to end a pursuit if a suspect engages in dangerous prior conduct or there is objective evidence of the driver’s intent to harm officers

• Qualified immunity for bizarre stop leading to roadside shooting

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  The court bypassed the issue of whether the stop was a legitimate welfare check

• Colo. town will shield police from 'personal liability' portion of police reform law

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  Greenwood Village stated the town would in all cases defend any police officer in any suit or proceeding brought under Senate Bill 217

• Responding to changes in law enforcement

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  It is our job, our oath, our promise to police a diverse society with equity

• Analysis: What cops need to know about the changes to qualified immunity in Colorado

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  The legislation creates a $25,000 personal liability ceiling for officers found liable for state constitutional violations

• Colorado law enforcement begin to implement sweeping police reform

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  One of the law’s biggest changes is how it alters qualified immunity for police

• Colorado governor signs police accountability bill, ending qualified immunity defense in the state

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  The law also bans chokeholds and limits other uses of force

• Did noise-flash distraction device amount to excessive force on 2-year-old?

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  A trial court denied qualified immunity when SWAT officers were sued for causing PTSD to a 2-year-old child

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