MESSAGE FROM A FOLLOWER WITH EXPERTISE IN FEDERAL IMMUNITY (Shared with permission)
“At our firm, we are especially fond of the caveat “outside the course and scope of [their] employment.” Because we represent state agencies with law enforcement/correctional officer components in alleged excessive use of force claims, usually under § 1983, qualified immunity is indeed “a thing.” Yet it has been easy enough to pierce qualified immunity, courtesy of fixed-wing videos, hand-held videos, and witness statements. I see a lot of work ahead against ICE, but I also see plentiful opportunities to prevail.”
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