Civil rights lawyers are expressing amazement over an 11th Circuit decision on qualified immunity. A three-judge panel reversed itself after twice finding immunity for a police officer sued for shooting a fleeing suspect in a high-speed chase. Given the circuit's reputation as sympathetic to law enforcement, the about-face was surprising enough. But what shocked court watchers was that the panel acted on its own, without motions by either side in the case or prompting by the U.S. Supreme Court.
11th Circuit's About-Face in Immunity Case Shocks Lawyers
September 8, 2003