APRIL SMITH v. JASON MUNDAY et al
US Court of Appeals for the Fourth Circuit, Gregory, Feb. 3, 2017,
Qualified Immunity- The officer who drafted and submitted an application for an arrest warrant can be held liable for malicious prosecution. However, officers that merely serve a facially valid arrest warrant are not liable for false arrest.
(Concur, Dissent – Agee- Reasonable minds could disagree as to whether there was probable cause; concur as to other claims)
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RAY WHITE v. DANIEL T. PAULY
Supreme Court of the United States, Per Curiam, Jan. 9, 2017,
Qualified Immunity – An officer was immune from suit where no clearly defined law required an officer taking fire to give a warning before using deadly force.
BRANDON PEGG v. GRANT HERRNBERGER
US Court of Appeals for the Fourth Circuit, Agee, Jan. 4, 2017,
Qualified Immunity- Arrest – An officer who makes a legal arrest for a minor traffic infraction is covered by qualified immunity even if the maximum punishment for the traffic infraction is only a fine.
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JAMES P. IRETON, JR., v. LORE CHAMBERS
Court of Special Appeals, Arthur, July 28, 2016,
Civil Liability – CJP 5-507 – Where mayor was found not to have acted with malice, no judgment should have been entered against him (even for $0)
Lauren Graham v. C. Gagnon; Jannie Clipp
US Court of Appeals for the Fourth Circuit, Floyd, July 27, 2016,
Qualified Immunity – Obtaining an arrest warrant does not relieve officer of liability where obtaining the warrant was unreasonable
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RANDALL E. BRICKEY v. ROBB HALL
US Court of Appeals for the Fourth Circuit, Diaz, July 8, 2016,
Qualified Immunity – Chief of Police should have received qualified immunity regarding termination of officer that wrongly claimed misuse of departmental funds during campaign for public office
DEWAYNE JACKSON COX v. OFFICER BRADLEY QUINN
US Court of Appeals for the Fourth Circuit, Harris, July 6, 2016,
Qualified Immunity – 8th Amendment – Summary judgment inappropriate where correctional officers knew of threat to inmate and acted inadequately to protect inmate; dispute as to whether actions were reasonable.
TIMOTHY EVERETT BEALL v. CONNIE HOLLOWAY-JOHNSON
Court of Appeals, Harrell, Filed Jan. 21, 2016,
Qualified Immunity – Local Government Torts Claims Act (LGTCA) – A local-government employee may not waive the damage cap set by the LGTCA; the LGTCA is not an affirmative defense requiring pre-trial pleading
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