Qualified Immunity Revoked by 10th Circuit after Cop Retaliates
Irizarry, who describes himself as a YouTube journalist and blogger, sued Lakewood police agent Ahmed Yehia for interfering with and retaliating against him as he recorded an early-morning traffic stop in May 2019. According to his lawsuit, Irizarry and three other amateur journalists were using their cameras and cell phones to record police who were attending to a suspected drunk driver.
When Yehia arrived, he reportedly stood in front of Irizarry’s camera, then shined his flashlight in a way that saturated the camera’s sensor. Yehia also allegedly returned to his cruiser and “drove right at” Irizarry, swerving around him and honking his horn. Other officers, Irizarry wrote, told Yehia to then leave the scene.
Yehia’s response to the lawsuit was to assert qualified immunity, which shields government employees from civil liability unless they violate a clearly-established legal right. Although qualified immunity is intended to protect officers who act reasonably, courts typically view rights as clearly-established only when a prior appellate decision under very similar circumstances has labeled them as such.
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