“Permit officer” who handles applications for ambulance permits did not have authority under state law to conduct a stop, thus acted outside his discretionary authority in stopping and detaining an ambulance that did not have a permit, and therefore was not entitled to qualified immunity for the stop.
Collecting cases standing for proposition that excessive force may so obviously violate the Constitution that no pre-existing case law is needed to show that it is clearly established law.
This brief argues that appellate jurisdiction does not extend to an appeal over the district court’s denial of qualified immunity based on factual disputes.
Harris v. City of Newark is a New Jersey Civil Rights Act (NJCRA) case that asks whether a defendant is entitled to pursue an interlocutory appeal on a qualified immunity denial in civil rights cases brought under the NJCRA.
Former fire chief was not entitled to qualified immunity for actions taken after retirement.