Can Qualified Immunity Be Decided By A Jury?

As the Supreme Court has repeatedly emphasized, qualified immunity is an issue that should be decided at the earliest opportunity.  Typically this means the issue is raised at the motion to dismiss stage if it can be argued based on the allegations in the complaint, and/or at the summary judgment stage when evidence can be…

ACLU of Southern California v. Superior Court: Release or Not to Release?

By Sergio Rudin In a recent decision, the California Supreme Court was confronted with the question of whether the Los Angeles Police Department and Los Angeles County Sherriff’s Department properly withheld the production of Automated License Plate Reader (ALPR) data in response to a public records request made by the American Civil Liberties Union of…