shutterstock Qualified Immunity's Viability is Questionable
Qualified immunity has effectively been metamorphosed beyond recognition. We urge that the defense of qualified immunity decided by the court as a matter of law be abolished, and that the defense of subjective good faith or objective reasonableness be decided by the jury as a matter of fact.
August 30, 2020 at 10:00 AM
8 minute read
In the last few months, we have witnessed a boutade of protests seeking redress for excessive use of force by police against African Americans and other minority groups. Commentators most often ascribe these events to a culture of racism and implicit bias in police departments, but we think there is another insidious culprit – one that may also be responsible for continued tolerance of lawless police behavior in these circumstances.
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