Qualified Immunity

9th Circuit Denies Qualified Immunity for Officers in High-Risk Traffic Stop Case

Hasmik Chinaryan was driving home with her teenage daughter and a friend after a family event when a police officer mistakenly believed her vehicle was stolen due to a series of errors, including incorrect license plates issued by the DMV. Despite driving lawfully for over ten minutes while being followed by a police car, the …

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Ninth Circuit Upholds Denial of Qualified Immunity in Fourth Amendment Excessive Force and First Amendment Retaliation Case Involving Peaceful Protester

In the summer of 2020, Derrick Sanderlin attended a protest in San Jose, California, following the death of George Floyd. During the protest, Officer Michael Panighetti shot Sanderlin in the groin with a 40mm foam baton round. Sanderlin sued Panighetti, claiming that the use of force was retaliatory and excessive, violating his First and Fourth …

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Ninth Circuit Reverses Qualified Immunity on Firearm Possession and Deadly Force

Calonge v. City of San Jose On the afternoon of October 31, 2019, in San Jose, Decedent Calonge was spotted near a shopping center carrying a Powerline 340 BB gun. Mistaking it for a real handgun, a passerby called 911. Shortly after, another caller reported seeing a man with a gun near Independence High School, …

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