Tuesday, February 7, 2023 | Back issues
Courthouse News Service Courthouse News Service

Can’t run the clock on immunity claims

NEW ORLEANS — The Fifth Circuit ruled that a Texas federal court erred when it deferred its ruling, by scheduling order, on law enforcement officers’ qualified immunity defense in a wrongful death suit brought by the mother of an inmate who died of a heart attack. Where public officials assert qualified immunity in a motion to dismiss, it must be ruled on prior to discovery.

Read the ruling here.

Read the Top 8

Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.

Loading
Loading...