This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Jul. 11, 2024

9th Circuit upholds qualified immunity for police in Tulare shooting

Judge Ryan D. Nelson emphasized that in cases of excessive force where officers face a threat, it will rarely be "obvious" that their actions violate the Constitution.

The 9th U.S. Circuit Court of Appeals affirmed a lower court's decision granting qualified immunity to Tulare police officers involved in a 2018 shooting that wounded an innocent passenger following a high-speed chase.

Judge Ryan D. Nelson, an appointee of President Donald Trump, wrote for a unanimous panel that "it was not clearly established that the force used by officers was excessive given the circumstances."

Judges Ronald M. Gould and Richard C. Tallm...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?