Review this front burner topic under Section 1983.
The qualified immunity defense is under attack from the left and the right. In articles, symposia, and amicus briefs, liberal law professors, the ACLU, plaintiffs’ public interest law groups, and even the libertarian Cato Institute, have identified perceived deficiencies in the defense and called for its elimination. This white paper reviews recent case law involving this topic and the outcomes.
Trial lawyer, author, presenter, former federal official and administrative appeals judge
Lead counsel in over 300 police misconduct and corrections cases, including dozens of jury trials, involving Fourth Amendment excessive force, false arrest, illegal search, fatal shootings, positional asphyxia, cell suicide, pursuits, failure to render medical assistance, failure to protect, First Amendment, malicious prosecution, and wrongful conviction
Assistant corporation counsel and assistant attorney general for the District of Columbia and outside counsel to New Hampshire’s Property and Liability Insurance Trust
Presenter at national programs for Georgetown University Law Center, Defense Research Institute, the American Bar Association, the Federal Judicial Center for District and Magistrate Judges, and many webinars
Author of law review and magazine articles on police misconduct, including the 1,540-page treatise and handbook, “Police Misconduct: A Practitioner’s Guide to Section 1983,” available from Juris Publishing at http://www.jurispub.com/ Bookstore/United-States/Police-Misconduct.html
Member of New Hampshire and D.C. Bars, International Association of Chiefs of Police, National Sheriffs Association, and Police Executive Research Forum
Formerly associate and partner at prominent New Hampshire law firms; chief of staff U.S. General Services Administration; and rendered 750 final decisions on employment and labor issues for the executive branch of the United States government as member, chairman, chief judge, U.S. Department of Labor Administrative Review Board and member Federal Labor Relations Authority
Degrees from Dartmouth College, Harvard University, and Georgetown University Law Center