Quantcast

Tag Archives: Immunity

Tort/Negligence — Assault & Battery – Public Official Immunity – Civil Rights – Excessive Force – Qualified Immunity – Arrest Injuries (access required)

Ledbetter v. City of Durham (Lawyers Weekly No. 15-16-0056, 9 pp.) (Chris Dillon, J.) Appealed from Durham County Superior Court (Howard Manning Jr., J.) N.C. App. Unpub. Holding: The defendant-police officer said he tackled plaintiff during an arrest because it ...

Read More »

Civil Rights – No Qualified Immunity for Repeated Taser Use (access required)

Meyers v. Baltimore County, Md. A police officer who repeatedly used a Taser on a man after he stopped resisting arrest does not have qualified immunity in this civil rights suit filed by the estate of the man, who died after the incident; the 4th Circuit upholds qualified immunity for two officers who entered the Baltimore County home, but reverses the district court’s decision finding the third officer had qualified immunity.

Read More »

Civil Rights – IDEA – Eleventh Amendment – Individual Defendants – Immunity (access required)

Singletary v. Department of Health & Human Services Where the waiver of Eleventh Amendment immunity in the Individuals with Disabilities Education Act (IDEA) closely resembles the waiver in the Rehabilitation Act, which the U.S. Supreme Court has found to be valid and unequivocal, the court holds that the IDEA’s waiver of sovereign immunity is valid and unequivocal.

Read More »

Tort/Negligence – Medical Malpractice – Emergency Responders – Plaintiff Believed Dead – Immunity – Gross Negligence Allegation – First Impression (access required)

Green v. Kearney Even though plaintiff labels defendants’ actions as “gross negligence,” defendants’ alleged actions — in failing to ascertain that plaintiff was in fact alive - were merely negligent. Therefore, defendants are entitled to immunity under G.S. § 90-21.14. We affirm summary judgment for the defendant-emergency responders.

Read More »