Tuesday, February 7, 2023 | Back issues
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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.

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