Civil rights litigators know that even a meritorious case under 42 U.S.C. §1983 can hit a roadblock: qualified immunity. In asserting that affirmative defense, municipal defendants can avoid litigation on damages claims if they objectively acted in good faith or their actions did not violate clearly established law.1 Two recent cases from the U.S. Court of Appeals for the Second Circuit illustrate the court’s broad application of qualified immunity and how defendants may avoid liability even if their actions, in hindsight, violated the Constitution.
‘Zalaski v. City of Hartford’
In Zalaski v. City of Hartford,2 animal rights activists protested at a public event, the Red Nose Run, in which children ran foot races. Three hundred people were expected to attend the event, sponsored in part by Ringling Brothers Circus. Protesting the treatment of circus animals, the 10-15 Animal Rights Front (ARF) protesters carried signs and situated themselves near a walkway where the children and their parents congregated.
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