The Case Against Qualified Immunity, Part III
Reason.com -

Over the past two days, and in a forthcoming article excerpted here, I have argued that qualified immunity doctrine cannot be justified by its supposed common law roots, or its more recent policy justifications. The Supreme Court might alternatively decide to eliminate or limit qualified immunity doctrine because, in Justice Sotomayor's words, it "renders the protections" of the Constitution "hollow." Although qualified immunity is the reason few Section 1983 cases against law enforcement are...

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