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2025-04-02 14:00:00

1 Credits

Examines qualified immunity’s legal standards, recent Court of Appeals statistics, and notable cases from 2024-2025 with practical implications for practitioners.

2025-04-02 14:00:00

Examines qualified immunity’s legal standards, recent Court of Appeals statistics, and notable cases from 2024-2025 with practical implications for practitioners.

2025-04-02 14:00:00

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Trusted by Legal Professionals

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Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the historical development of qualified immunity doctrine, current legal standards, and statistical trends from over 200 published Courts of Appeals opinions.

What will you gain

Attorneys will gain practical insights into circuit-specific denial rates, persuasive authority approaches, and case highlights illustrating how courts apply qualified immunity.

Historical Development
Qualified immunity evolved through landmark Supreme Court decisions from Monroe v. Pape through Pearson v. Callahan.
Statistical Analysis
Analysis of 211 published opinions shows qualified immunity denied in 30-40% of cases.
Circuit Variations
Second, Third, and Tenth Circuits have highest denial rates; Fifth and Eighth are overrepresented.
Case Highlights
Recent cases address police dogs, strip searches, false arrests, and First Amendment student speech.
Persuasive Authority
Circuits split on whether consensus from other jurisdictions can establish clearly settled law.
Reform Efforts
Legislative efforts and textual challenges have stalled despite scholarly criticism and judicial skepticism.

What will you learn

Attorneys will learn the historical development of qualified immunity doctrine, current legal standards, and statistical trends from over 200 published Courts of Appeals opinions.

What will you gain

Attorneys will gain practical insights into circuit-specific denial rates, persuasive authority approaches, and case highlights illustrating how courts apply qualified immunity.

Agenda

Session 1

Point of Departure and Introduction to Qualified Immunity

Session 2

History and Legal Standards of Qualified Immunity

Session 3

Statistical Analysis of Courts of Appeals Opinions

Session 4

Highlights of Recent Important Circuit Court Cases

Session 5

Potential Qualified Immunity Reforms on the Horizon

Session 6

Audience Questions and Closing Discussion Period

clock 2:00 pm - 2:05 pm EST

Point of Departure and Introduction to Qualified Immunity

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

This opening session sets the stage for exploring qualified immunity doctrine, noting its significance in civil rights law. The presentation highlights that even mainstream entities like Ben & Jerry’s have engaged with this important legal topic.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

clock 2:05 pm - 2:15 pm EST

History and Legal Standards of Qualified Immunity

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

Kyle Kaiser traces the evolution of qualified immunity from Monroe v. Pape through Ashcroft v. Al-Kidd, explaining how the doctrine shifted from subjective good faith to objective standards. The session covers key cases including Harlow v. Fitzgerald, Pearson v. Callahan, and the Supreme Court’s error correction era of the 2010s.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

clock 2:15 pm - 2:30 pm EST

Statistical Analysis of Courts of Appeals Opinions

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

Nicole Johnston presents data from 211 published Court of Appeals cases between January 2024 and February 2025. The analysis reveals that nearly 90% of cases involve police or corrections defendants, qualified immunity is denied in 30-40% of published cases, and the Second, Third, and Tenth Circuits have the highest denial rates.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

clock 2:30 pm - 2:50 pm EST

Highlights of Recent Important Circuit Court Cases

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

Kyle Kaiser and Nicole Johnston examine significant recent cases applying or rejecting qualified immunity, including Rupp v. Buffalo (retaliatory arrest), Ramirez v. Killian (shooting of non-aggressive dog), and Hughes v. Garcia (false arrest of Good Samaritan). The session contrasts circuit approaches, particularly the Fifth Circuit’s acceptance versus Eleventh Circuit’s rejection of persuasive authority from other jurisdictions.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

clock 2:50 pm - 2:55 pm EST

Potential Qualified Immunity Reforms on the Horizon

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

This session examines stalled reform efforts including congressional legislation, textual challenges based on missing statutory language, and notable judicial opinions questioning the doctrine’s foundations. Despite scholarly criticism and judicial skepticism from judges like Carlton Reeves and James Ho, qualified immunity remains firmly entrenched.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

clock 2:55 pm - 3:00 pm EST

Audience Questions and Closing Discussion Period

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

The final session provides opportunity for attendees to ask questions and engage in discussion about qualified immunity doctrine. Presenters address practical implications and emerging trends in this evolving area of civil rights law.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

01 06
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Kyle Kaiser is an Assistant Attorney General and Senior Trial Counsel in the Litigation Division of the Utah Attorney General’s Office. He has been with the office since July 2011. Kyle’s practice focuses on defending claims of constitutional or civil rights violations brought against the State of Utah, its agents, agencies, and subdivisions, and Utah colleges and school districts.

Kyle Kaiser, Senior Trial Counsel, Litigation Division

Utah Attorney General’s Office

Kyle Kaiser is an Assistant Attorney General and Senior Trial Counsel in the Litigation Division of the Utah Attorney General’s Office. He has been with the office since July 2011. Kyle’s practice focuses on defending claims of constitutional or civil rights violations brought against the State of Utah, its agents, agencies, and subdivisions, and Utah colleges and school districts.

Nicole Johnston, Attorney Fellow, Litigation Division

Utah Attorney General’s Office

Nicole currently serves on the Young Lawyer Division Board for the Utah State Bar and volunteers with the Utah Law Related Education Program. Nicole currently serves on the Young Lawyer Division Board for the Utah State Bar and volunteers with the Utah Law Related Education Program.

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Why Attend

Why this 
program matters

Understanding qualified immunity is essential for practitioners because it determines whether civil rights plaintiffs can hold government officials accountable for constitutional violations.
5.5k+
Federal qualified immunity appeals analyzed by the Institute for Justice from 2010-2020, the largest-ever study of the doctrine. (Institute for Justice, Unaccountable Report, 2024)
$3.2B
Paid by the 25 largest U.S. police departments in misconduct settlements over 10 years, funded primarily by taxpayers. (Washington Post/FiveThirtyEight Investigation, 2022)
54%
Of qualified immunity appeals resulted in courts granting immunity to government defendants, while only 26% were denied. (Institute for Justice, Unaccountable Report, 2024)
3.9%
Of Section 1983 cases against law enforcement were actually dismissed on qualified immunity grounds, according to Yale Law Journal research. (Yale Law Journal, Joanna Schwartz Study, 2017)

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