Oct 12, 2026 · 1 hr 5 min · 21 segments
**OA1304** - Qualified immunity does not strike again! In a case out of the 10th circuit, with the same plaintiff from last week's *Rosales v. Lewis/Terrell*, the court once again refuses qualified…
Last week, we talked about Rosales v. Lewis, which was plaintiff Mario Rosales pulled over in a rather uneventful traffic stop, except for the part where it was determined to be probably not justified, and then also why did you drag it out for 20 minutes and pat me down and make me get out of the car and blah, blah, blah.
So in the Fifth Circuit, they did not grant qualified immunity to those police officers, and-
... it's gonna go to trial or be settled on a Fourth Amendment violation, so that's pretty cool.
What we heard about in the traffic stop was that he was suing another officer.
Yeah.
[laughs] Naturally, I had to go look that up.
So the same guy, and I made the joke that this is, like, more rare than being struck by lightning twice.
Yeah.
The same guy has been able to kind of get around qualified immunity in two different circuits?
Yes.
This case, which preceded that, Rosales v. Bradshaw, is in the Tenth Circuit, New Mexico.
So in both cases, the police officer was not granted qualified immunity, and I naturally had to go check this one out.
The stop is a lot worse.
Nobody gets, like, shot or anything, so that's good, but it's pretty bad.
It gives us some really interesting insights into how the Tenth Circuit is thinking about qualified immunity and standing to file these lawsuits, and a really interesting concurrence about an alternative perspective on this.
There's a lot going on in here-
... and a lot to learn.
Last week, we talked about Rosales v. Lewis, which was plaintiff Mario Rosales pulled over in a rather uneventful traffic stop, except for the part where it was determined to be probably not justified, and then also why did you drag it out for 20 minutes and pat me down and make me get out of the car and blah, blah, blah.
So in the Fifth Circuit, they did not grant qualified immunity to those police officers, and-
... it's gonna go to trial or be settled on a Fourth Amendment violation, so that's pretty cool.
What we heard about in the traffic stop was that he was suing another officer.
Yeah.
[laughs] Naturally, I had to go look that up.
So the same guy, and I made the joke that this is, like, more rare than being struck by lightning twice.
Yeah.
The same guy has been able to kind of get around qualified immunity in two different circuits?
Yes.
This case, which preceded that, Rosales v. Bradshaw, is in the Tenth Circuit, New Mexico.
So in both cases, the police officer was not granted qualified immunity, and I naturally had to go check this one out.
The stop is a lot worse.
Nobody gets, like, shot or anything, so that's good, but it's pretty bad.
It gives us some really interesting insights into how the Tenth Circuit is thinking about qualified immunity and standing to file these lawsuits, and a really interesting concurrence about an alternative perspective on this.
There's a lot going on in here-
... and a lot to learn.
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