The U.S. Court of Appeals for the Third Circuit handed Partner Kevin Bovard and Associate Tyson Herrold a major win when, in a published decision, they reversed a district court decision granting qualified immunity to two police officers for punching and tasing pro bono client during his arrest for suspected drug offenses. Herrold argued the case before the Third Circuit. The decision, published April 8, 2021, is notable for affirming that the federal court takes a narrow view of qualified immunity, and that district court and other circuit caselaw can clearly establish a right to overcome qualified immunity. The decision also warned that officers should not be given one liability-free Fourth Amendment violation whenever they deploy a new type of force in a new context.
The decision included recognition for Bovard and Herrold, as well as BakerHostetler, for “dedicated” pro bono representation.
To read the full opinion, click here.