Civil Rights: Qualified Immunity and the Use of Force under 42 U.S.C. § 1983

CZW successfully petitioned for certiorari to the United States Supreme Court in the recent case Aldaba v. Marshall County, et al. The case concerned the use of a taser by Marshall County deputies on an individual who had lost touch with reality and needed to be detained for his own protection. Upon first hearing the case, both the Eastern District of Oklahoma and the Tenth Circuit Court of Appeals determined that the deputies were not entitled to qualified immunity for their actions. However, CZW successfully petitioned to the United States Supreme Court, which ordered the Tenth Circuit to reconsider its earlier finding. On December 20, 2016, the Tenth Circuit Court of Appeals reconsidered its earlier opinion, and determined that the Marshall County Deputies were entitled to qualified immunity, as it would not have been clear to reasonable officers in their position that their actions violated clearly established law. For complete opinion, click here.