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This Guy Beat Qualified Immunity Twice, in Two Different Circuits (Patreon)

Published:
2026-10-12 06:31:31
Imported:
2026-10

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OA1304 - Qualified immunity does not strike again! In a case out of the 10th circuit, with the same plaintiff from last week's Rosales v. Lewis/Terrell, the court once again refuses qualified immunity to an officer who was wildly out of line. Learn about immunity for municipalities and standing rules, the multi-factor tests for excessive use of force against an armed civilian, and a unique alternative perspective on how qualified immunity should work from the concurrence.

Cases and sources discussed:

Check the deadlines and criteria to request a mail-in ballot.

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Rosales v. Bradshaw, (10th Cir. 2023)

Governmental immunity by state

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Comments

Despairing Radical

I know @Thomas was joking about a pizza party, but a live streamed pizza party where everyone wears their "I voted" stickers and we call out all the wins and celebrate the members of our community that voted in each state/district (e.g., a senator flips and we have all the community members who are from that state raise their hands or somethin), would be pretty fun, and might help take care of some of the election scaries we've all had since 2016

Jenessa Seymour

I think it has to be a coincidence, just because I don’t see how local cops in Alexandria Louisiana would know about this lawsuit against a local cop in New Mexico. Especially considering they seem to pull him over very quickly after coming up on him, rather than tailing him for a while or having seen him from the side. The Louisiana stop happened in 2022, so before widespread indiscriminate use of ALPRs I think. So I think Rosales’s suspicion is probably correct, that it was probably just because of out-of-state border-state plates

El dia del pan

I don't think I've heard this covered yet on OA: if Congress were to curtail/remove qualified immunity would the change only apply to future actions from law enforcement? Any lawsuit or criminal charges would be related to existing laws, so I don't know how this fits with the bar on ex post facto laws.