Civil Procedure,
9th U.S. Circuit Court of Appeals
Nov. 17, 2023
Getting to trial in federal court now means beating qualified immunity
Qualified immunity only serves to deny our clients’ Constitutional rights and there is good case law on our side in the 9th Circuit in most cases. When considering whether to take on a case or where it should be filed, it is important to research the key qualified immunity cases to show that the conduct of the police violates clearly established law, which is what is needed to defeat summary judgment and get your case to a jury.
V. James DeSimone
Founder
V. James DeSimone Law
Phone: (310) 693-5561
Email: vjdesimone@gmail.com
Civil rights attorney V. James DeSimone has dedicated his 35-year law career to providing vigorous and ethical representation to achieve justice for those whose civil and constitutional rights are violated.
Winning civil rights requires careful case selection and assessment. In addition to deciding whether to take on a case, civil rights attorneys have to decide whether to prosecute cases in Federal or State Court.
While traditionally Federal Court was the preferred venue because of the robust body of case law establishing “objective reasonableness” as the standard of liability under Section 1983 and better discovery to prove notice of an off...
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?
Sign In