EPISODE · Aug 15, 2026 · 39 MIN
Qualified Immunity and Irreconcilable Verdicts in Apollo’s Death
from Swear on the Stand · host Daniel W. Swear
In this Fifth Circuit Court of Appeals decision, the court examines a case involving the fatal shooting of a puppy by a New Orleans police officer. While a jury found the officer's actions objectively unreasonable, it also granted him qualified immunity, a result the appellate court upheld as a proper application of legal and factual labor between the judge and jury. However, the court identified a critical conflict regarding municipal liability because the jury held the City of New Orleans responsible while simultaneously finding that no city policy caused the death. Because a municipality cannot be held liable without a proven causal link to its policies, the court found these jury findings irreconcilable. Ultimately, the court affirmed the protection for the individual officer but reversed the judgment against the city, ordering a new trial to resolve the municipal liability claim.
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Qualified Immunity and Irreconcilable Verdicts in Apollo’s Death
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