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Steven Day

The Police and Qualified Immunity

Public officials will not be held personally liable so long as their actions are reasonable.  Anderson v. Creighton, 483 U.S. 635, 646 (1987).  In other words, the officers in the case at bar only have immunity if their actions are deemed reasonable under the circumstances.

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Steven Day

Rule 11 Abuse

Every now and then, you run into a lawyer who feels the need to ask for Rule 11 sanctions with every motion they file, regardless of whether Rule 11 sanctions are justified or not.  Apparently these lawyers have some preconceived idea that with every case they handle, opposing counsel’s acts are always nefarious and, therefore, worthy of Rule 11 sanctions.

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