Civil Rights
May 8, 2025
The qualified immunity tight rope: A closer look at D'Braunstein v. California Highway Patrol
The Ninth Circuit's decision in D'Braunstein v. CHP offers a rare win for civil rights plaintiffs, highlighting how qualified immunity--often a near-fatal obstacle--can be overcome when officers fail to recognize and respond to visible medical distress.
As a civil rights lawyer litigating cases in federal court, I tend to follow appellate decisions that examine the qualified immunity doctrine. Qualified immunity refers to a series of legal precedents that protect government officials - including police officers - accused of violating constitutional rights. In theory, the doctrine exists to protect governmental officials from frivolous lawsuits. In practice, however, the doctrine has evolved to limit remedies for victims of p...
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