Introduction
In what year was qualified immunity created?
1982
Who typically covers the legal damages of the many qualified immunity court cases?
Government entities
What government officials are sued in qualified immunity appeals?
Police officers
What percentage did the qualified immunity appeals increase by in the first and second half?
20%
Who criticized qualified immunity as a legal doctrine that traps plaintiffs?
Judge Don Willett
What are our motives as IMPACTED SIBLINGS TAKE ACTION?
To create awareness surround the controversy that comes with qualified immunity and to seek further justice.
What did the studies indicate about the police officer’s training in their jurisdiction?
They rarely received training about clearly established laws
What rights violations are alleged in qualified immunity appeals?
Excessive force and false arrest
Cases involving _____ had the most significant growth by 50%?
Cases involving allegations of excessive force
How does the legal doctrine trap plaintiffs?
By requiring similar past cases while courts fail to establish it.
List examples of misconduct that victims can undergo.
Fatal shootings, stealing, sexual misconduct, unjust sentencing, etc.
What did the critics argue about the "clearly established" test after the Pearson vs. Callahan decision in 2009?
They argued that the doctrine’s "clearly established" test disadvantages victims and future plaintiffs by preventing courts from clarifying constitutional rights.
Who usually wins in these qualified immunity appeals?
Government defendants, generally win more often than plaintiffs.
Who decided the most cases in the geographic distribution of appeals?
The 9th Circuit
Critics argue the _____ standard is overly restrictive and unjust, often denying justice to plaintiffs with valid claims.
“Clearly established”
How long has qualified immunity been affecting families?
Over 4 decades now
How does qualified immunity apply beyond law enforcement?
Encompassing cases involving tax assessors, code enforcement officers, and other government officials.
How many federal appeals involve qualified immunity from 2010 to 2020?
At least 5,526 cases before federal appellate courts raised qualified immunity on appeal, an average of about 500 cases a year.
Name 1 of the frequently alleged constitutional violations.
Excessive force, false arrest, First Amendment violations, claims related to prisoner care, illegal searches, and procedural due process.
Which states have banned qualified immunity?
Colorado, Montana, New Mexico, and Nevada
Is qualified immunity a part of the judicial or legislative branch?
Judicial branch because of the U.S. Supreme Court
According to research, how does qualified immunity fail its purpose of balancing accountability and protecting officials like police officers?
Adds years to litigation and clogs federal court dockets.
Name at least 1 key characteristic of qualified immunity appeals (50 POINTS FOR EACH EXTRA ANSWER)
-Qualified immunity appeals are fraught with controversy, uncertainty, and litigation.
-Qualified immunity appeals can add unnecessary work, expense, delay, and uncertainty to a case.
-Qualified immunity appeals have expanded in both their scope and availability.
-Qualified immunity appeals can add complexity and delay to civil-rights litigation
-Qualified immunity protects government officials, including law enforcement officers.
While law enforcement officials only make up 50% of the appeals, name 1 other law administrator that makes up the other 50%.(50 EXTRA POINTS FOR EACH EXTRAS ANSWER)
Prison officials, city managers, school officials, CPS workers, and judges.
Which case(s) does this passage refer to that gives examples on how the doctrine shields the officials including police officers? (name at least 1)
Jessop v. City of Fresno, Collie v. Barron, Cass v. City of Abilene