Police officer behind yellow caution tape

Williams v. Aguirre: Eleventh Circuit Denies Immunity for Police Officers on a Malicious Prosecution Complaint

Photo Credit: https://perma.cc/6VG9-53PB

Meredith Buckner*

In Williams v. Aguirre, the U.S. Court of Appeals for the Eleventh Circuit addressed whether qualified and state immunity applied to a malicious prosecution claim brought by an arrestee. An individual alleged he was maliciously prosecuted for attempted murder of a police officer after the police officer shot him. Aguirre answers questions on the availability of both qualified and state-agent immunity to police officers. In deciding this case, the Eleventh Circuit considered constitutional and state law to determine that the officers were not entitled to either form of immunity and that the district court did not err in denying the officers’ motion for summary judgment.

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