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Tag Archives: qualified immunity

Gun rights activists can pursue claim against arresting officer, judge says

Kevin Hulbert signs two new criminal citations on Feb. 6 as his brother Jeff speaks to officers. The two men were arrested by Maryland Capitol Police during a peaceful Second Amendment Demonstration and charged with trespassing and disorderly conduct.  (The Daily Record / Bryan P. Sears)

Gun rights advocates arrested by a Maryland Capitol Police officer during a peaceful protest near the State House three years ago can pursue their lawsuit alleging their constitutional rights to speak freely and be free of unreasonable seizure were violated, ...

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PG County officer evades liability for now-unconstitutional act

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If the allegations are true, a Prince George’s County police officer violated a suspected violent criminal’s constitutional rights in 2012 by shooting the armed, but non-threatening man while making an arrest, a federal appeals court ruled Monday. But the officer, ...

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Opinions – 5/29/12: 4th U.S. Circuit Court of Appeals

Civil Rights Qualified immunity BOTTOM LINE: In case against defendant bail bondsman for alleged civil rights violations, defendant was not entitled to jury instruction on defense of qualified immunity; therefore, any error in district court’s jury instruction on qualified immunity ...

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Opinions – 4/2/12: 4th U.S. Circuit Court of Appeals

Constitutional Law Qualified immunity BOTTOM LINE: Defendant employees of county sheriff’s department were entitled to qualified immunity from liability for violation of anti-abortion organization’s First Amendment rights by requesting protesting organization to remove graphic anti-abortion signs, because it was not ...

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Opinions – 4th U.S. Circuit Court of Appeals: 8/1/11

Constitutional Law Qualified immunity BOTTOM LINE: Although it was clearly established that intrusive prison employee searches require reasonable suspicion, it was far from clear that the body-scanning devices at issue here could not meet that standard. CASE: Braun, et al., ...

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Law digest: 4/11/11

COURT OF APPEALS Administrative Law, Expungement of driving record: Petitioner was not entitled to expungement of his drunken driving convictions, since records of his convictions were not part of his public driving record. Headen v. Motor Vehicle Administration, No. 42, ...

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Opinions – U.S. 4th Circuit Court of Appeals: 2/14/11

Civil Rights Qualified immunity BOTTOM LINE: Police officers who suspected a man of child pornography lacked qualified immunity from suit for their no-knock entry into the man’s home, notwithstanding the fact that the man and his wife were licensed to ...

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