TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to https://www.tml.org/DocumentCenter/View/1516/AmicusBriefUpdate_021820 .

Qualified Immunity: Hunter v. Cole, No. 19-753, in the United States Supreme Court.  TML and TCAA joined the International Association of Chiefs of Police, the International Municipal Lawyers Association, Major Cities Chiefs Association, National Association of Police Organizations, National Sheriff’s Association, Louisiana Municipal Association, Mississippi Municipal Service Company, Texas Association of Counties, Texas Police Chiefs Association, Combined Law Enforcement Associations of Texas, and the Texas Cities of Arlington, Garland, Grand Prairie, and Sugar Land as Amici Curiae to defend the doctrine of official immunity. Amici argued that law enforcement in Texas and around the country have an interest in ensuring that law enforcement officers have clear legal guidance regarding the scope of their constitutional authority in carrying out their duties – particularly in cases involving the use of deadly force – to enable officers to make reasonable and lawful decisions in protecting the public without fear of civil lawsuits. Although the U.S. Supreme Court’s decisions have consistently emphasized the importance of qualified immunity, lower courts continue to improperly deny peace officers the protection of qualified immunity in cases alleging the unreasonable use of force. In this instance, the Fifth Circuit based their decisions on a misapplication of qualified immunity principles. The brief was filed on January 13, 2020.