LDF and Co-Counsel Successfully Defend Black Man who was Unlawfully Tased in Qualified Immunity Case

The Sixth Circuit Court of Appeals issued a decision affirming the denial of qualified immunity in Phelps v. City of Saginaw. The Legal Defense Fund (LDF), Schulz Law PLC, and attorney Hugh M. Davis represented Cornelius Phelps. Mr. Phelps is a Black man who attended a demonstration in 2020 aimed at fostering dialogue with police officers. After asserting that the demonstration was on private property, officers kneed, repeatedly tased, and arrested Mr. Phelps.

In its decision, the Sixth Circuit ruled that it is clearly established law that officers are violating a person's rights when they repeatedly tase a person while the person is not actively resisting.

"It is abundantly clear that our client, Cornelius Phelps, was a victim of police violence while demonstrating against police violence. This decision provides a measure of justice and rightfully denies qualified immunity to the officer who abused Mr. Phelps," said Arielle Humphries, Assistant Counsel at LDF. "We applaud the Court for recognizing that the police's actions towards Mr. Phelps violated his constitutional rights. The doctrine of qualified immunity does not protect police officers who beat and abuse people."

"Mr. Phelps has fought hard for justice. He has stood strong and determined during the six years of litigation following the traumatic events that led to the case being filed. After all these years, we are excited to finally have the opportunity to present our case to a jury," said Jack Schulz, an attorney at Schulz Law PLC.

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Founded in 1940, theLegal Defense Fund (LDF)is the nation's first civil rights legalorganization. LDF has beencompletely separatefrom the National Association for theAdvancement of Colored People (NAACP) since 1957, though it was founded under theleadership of Thurgood Marshall while he was at the NAACP. LDF's Thurgood Marshall Institute (TMI) is a division of LDF that undertakes innovative research and houses LDF'sarchive. In all media attributions, please refer to us as the Legal Defense Fund or LDF (do not include NAACP) and refer to the Institute as LDF's Thurgood Marshall Institute or TMI.