• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
  • The Magazine
  • Events
  • Partners
  • Products
  • Advertise
  • Contact
  • Jobs and Careers
  • Facebook
  • Twitter
  • Instagram
  • Subscribe to the Magazine
American Police Beat

American Police Beat Magazine

Law Enforcement Publication

  • Home
  • Editor’s Picks
    • The power of teamwork
      Stay awake and alert on the job
      The worst rank in law enforcement
      Firearms maintenance
      Why fries need salt
  • Topics
    • On the Job
      • “Take care of your veterans”: Massachusetts police save suicidal...
        The problems with loyalty
        My experience being a Black woman in policing
        Tucson tries new tact to fight crime
        2022 Top Cops
    • Labor
      • Philadelphia may rehire officers and civilian employees to fill...
        Chicago police recruit Marines to help address officer shortage
        Illinois State Police announce lateral training program with added...
        The “great resignation” brings staffing troubles to Missouri law...
        NYPD overtime expected to surpass budget by over $142 million to...
    • Tech
      • NYPD deploys K-9s with innovative electronic harness to prevent...
        Understanding end-to-end encryption apps
        Local law enforcement agencies learn to recover stolen cryptocurrency
        New York mayor proposes gun detection scanners after rise in subway...
        Hacker group steals data from multiple law enforcement data systems...
    • Training
      • An equation for performing lawful Terry stops
        A Connecticut police chief says his department needs more drug...
        “The hidden danger is the water”
        Weapon retention
        Developing trauma-informed training and drills for K–12 schools
    • Policy
      • Philadelphia spends almost a billion dollars on policing in new...
        Supreme Court decision protects police officers against civil...
        Chicago police limit foot pursuits under new policy intended to...
        Putting the brakes on wandering cops
        Detroit police team up with federal law enforcement agencies to fight...
    • Health/Wellness
      • True detectives: Psychological realities of investigative work
        Effective use of chaplain services
        Things I learned as a retiree
        Normalization of deviance
        The nobility of policing
    • Community
      • Miami Heat and nonprofit build bridges between law enforcement and...
        Right place, right time: Off-duty Florida police officer braves house...
        Community steps up to support Rhode Island police officer brothers...
        Safety exchange zones
        Crime problems are community problems
    • Offbeat
      • Iowa police and fire agencies, community team up to rescue bulldog...
        Buzz fuzz: NYPD “bee unit” officers remove swarms from various...
        Only in Florida: Police snipers provide backup during...
        Longtime Maryland con man arrested for impersonating U.S. marshal
        Seattle cancels and refunds seven months of parking tickets due to...
    • We Remember
      • Memorializing our fallen sisters
        Paying Tribute to Fallen Heroes
        National Law Enforcement Memorial expands to accommodate more names
        National Police Week
        “It’s not enough to never forget anymore”
  • On the Job
    • “Take care of your veterans”: Massachusetts police save suicidal...
      The problems with loyalty
      My experience being a Black woman in policing
      Tucson tries new tact to fight crime
      2022 Top Cops
  • Labor
    • Philadelphia may rehire officers and civilian employees to fill...
      Chicago police recruit Marines to help address officer shortage
      Illinois State Police announce lateral training program with added...
      The “great resignation” brings staffing troubles to Missouri law...
      NYPD overtime expected to surpass budget by over $142 million to...
  • Tech
    • NYPD deploys K-9s with innovative electronic harness to prevent...
      Understanding end-to-end encryption apps
      Local law enforcement agencies learn to recover stolen cryptocurrency
      New York mayor proposes gun detection scanners after rise in subway...
      Hacker group steals data from multiple law enforcement data systems...
  • Training
    • An equation for performing lawful Terry stops
      A Connecticut police chief says his department needs more drug...
      “The hidden danger is the water”
      Weapon retention
      Developing trauma-informed training and drills for K–12 schools
  • Policy
    • Philadelphia spends almost a billion dollars on policing in new...
      Supreme Court decision protects police officers against civil...
      Chicago police limit foot pursuits under new policy intended to...
      Putting the brakes on wandering cops
      Detroit police team up with federal law enforcement agencies to fight...
  • Health/Wellness
    • True detectives: Psychological realities of investigative work
      Effective use of chaplain services
      Things I learned as a retiree
      Normalization of deviance
      The nobility of policing
  • Community
    • Miami Heat and nonprofit build bridges between law enforcement and...
      Right place, right time: Off-duty Florida police officer braves house...
      Community steps up to support Rhode Island police officer brothers...
      Safety exchange zones
      Crime problems are community problems
  • Offbeat
    • Iowa police and fire agencies, community team up to rescue bulldog...
      Buzz fuzz: NYPD “bee unit” officers remove swarms from various...
      Only in Florida: Police snipers provide backup during...
      Longtime Maryland con man arrested for impersonating U.S. marshal
      Seattle cancels and refunds seven months of parking tickets due to...
  • We Remember
    • Memorializing our fallen sisters
      Paying Tribute to Fallen Heroes
      National Law Enforcement Memorial expands to accommodate more names
      National Police Week
      “It’s not enough to never forget anymore”
  • Between the Lines
    • Persecution of the LEO is Classic Schadenfreude
      The Rule of Law is Worthless Without Order
      School policing: a paradox of the defund movement
      Defending the honor of the LE profession – finally!
      The dichotomy of the defund movement: reality setting in
  • About
  • The Magazine
  • Events
  • Partners
  • Products
  • Advertise
  • Contact
Search

Policy

U.S. Supreme Court sidesteps ruling on ‘qualified immunity’ in NJ police shooting case

APB Team Published October 10, 2021 @ 3:00 pm PDT

iStock.com/arsenisspyros

The U.S. Supreme Court recently rejected an appeal over a New Jersey police shooting case involving the controversial legal defense of “qualified immunity” that protects officers from civil litigation, an issue the court has already avoided weighing in on earlier this year.

According to a Reuters report, the court rejected an appeal by the mother of the shooting victim of a lower court’s decision that upheld the officer’s “qualified immunity” – a doctrine that grants police officers defense against civil lawsuits for actions carried out on duty.

Liberal judge Sonia Sotomayor dissented from the decision, thereby denying the case. However, in her dissent, she said that qualified immunity “does not protect an officer who inflicts deadly force on a person who is only a threat to himself.”

The lawsuit regarded the 2011 shooting of Willie Gibbons, a schizophrenic man, by a State Trooper Noah Bartlet after Gibbons pointed a gun at his own head and refused to drop the weapon. Bartlet shot Gibbons twice in the chest before his gun jammed.

The original ruling by the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled in favor of Bartlet, concluding that although Gibbons was pointing the gun on himself, he was in range to potentially shoot the officer.

Gibbons’ family then filed a civil rights lawsuit against Bartelt and state police seeking monetary damages. While one federal judge handling the lawsuit denied Bartelt qualified immunity, a three-judge panel of the 3rd Circuit then reversed that ruling.

The doctrine of qualified immunity has been a point of controversy since the death of George Floyd this year, with some states such as New York eliminating the practice completely. Critics says it shields officers from accountability for misconduct, while law enforcement professionals argue it is essential for police to make quick decisions in the moment without fear of legal reprisal.

Qualified immunity is applicable in civil lawsuits unless it is “clearly established” that a victims’ statutory or constitutional rights have been violated.

The Supreme Court’s refusal to hear the case is the second instance this year that they have dodged making a ruling.

In March, the court rejected a lawsuit against police for a 2016 incident in which the defendant, Shase Howse, claimed excessive force was used against him. The original ruling upheld the officers’ qualified immunity and said there was no evidence that constitutional rights were violated.

Categories: Policy Tags: Police Reform, Police, Supreme court, lawsuit, New Jersey, George Floyd, qualified immunity case, legal defense, Willie Gibbons, accountability

Primary Sidebar

Recent Articles

  • Philadelphia spends almost a billion dollars on policing in new budget aimed at addressing gun violence
  • Miami Heat and nonprofit build bridges between law enforcement and community
  • Right place, right time: Off-duty Florida police officer braves house fire to rescue trapped children
  • “Take care of your veterans”: Massachusetts police save suicidal veteran
  • Iowa police and fire agencies, community team up to rescue bulldog stuck in sinkhole
  • Community steps up to support Rhode Island police officer brothers who lost everything in a house fire
  • Supreme Court decision protects police officers against civil lawsuits over Miranda rights violations
  • NYPD deploys K-9s with innovative electronic harness to prevent terrorist attacks
  • The problems with loyalty
  • Chicago police limit foot pursuits under new policy intended to enhance officer safety and public trust

Footer

Our Mission
To serve as a trusted voice of the nation’s law enforcement community, providing informative, entertaining and inspiring content on interesting and engaging topics affecting peace officers today.

Contact us: info@apbweb.com

  • Facebook
  • Twitter
  • Instagram

Categories

  • Editor’s Picks
  • On the Job
  • Labor
  • Tech
  • Training
  • Policy
  • Health/Wellness
  • Community
  • Offbeat
  • We Remember
  • Jobs and Careers
  • Events

Editor’s Picks

The power of teamwork

The power of teamwork

July 23, 2021

Stay awake and alert on the job

Stay awake and alert on the job

July 20, 2021

The worst rank in law enforcement

The worst rank in law enforcement

July 19, 2021

Firearms maintenance

Firearms maintenance

July 04, 2021

Privacy Policy | Copyright © 2022 APB Media, LLC | Website design, development and maintenance by 911MEDIA

Open

Subscribe

Close
Receive the latest news and updates from American Police Beat directly to your inbox!
  • This field is for validation purposes and should be left unchanged.