Monday, May 05, 2014

Supreme Court decides against qualified immunity in police use of force case.

The U.S. Supreme Court overturned the 5th Circuit's grant of qualified immunity in a police use of force case.  This case does little to provide guidance to police.  The Court concluded:
"In articulating the factual context of the case, the Fifth
Circuit failed to adhere to the axiom that in ruling on a
motion for summary judgment, “[t]he evidence of the
nonmovant is to be believed, and all justifiable inferences
are to be drawn in his favor.” Anderson v. Liberty Lobby,
Inc., 477 U. S. 242, 255 (1986). For that reason, we vacate
its decision and remand the case for further proceedings
consistent with this opinion."

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