The 10th Circuit Court of Appeals, which covers Utah, Colorado, New Mexico, Oklahoma, Wyoming, and Kansas, recently upheld the defense of qualified immunity for a police officer who was found to be using excessive force when injuring a suspect by slamming her to the ground. The use of excessive force was not a violation of clearly established law, pointing to the narrow application of this remedy by the public against an employee.
To be held liable, the person filing suit would have had to do one of two things. The first would be to point to a Supreme Court or 10th Circuit case that was on-point, meaning a case with very similar facts. The second would be to demonstrate that the “clearly established weight of authority” would put the employee on notice that the behavior would violate the law. The standard is very high and is protective of employees so that they are not typically subject to lawsuits by private citizens. Presumably, this is because to allow otherwise would too easily put a government employee’s assets at risk.
While counties, municipalities, and special districts can breathe a sigh of relief, they still need to be diligent. Employees should have easy access to information about their legal duties, and this should be the subject of ongoing and recurring training. If you are such an agency and need help with training programs, Employers Council may be able to help you conduct a training analysis. Contact us for more information.
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