Government,
Constitutional Law,
Civil Rights
Jun. 28, 2022
Three Supreme Court opinions on qualified immunity protect unqualified police officers
When a court determines that allegations of excessive force in the complaint are well pleaded but decides there is qualified immunity, the case is taken away from a jury and dismissed, leaving aggrieved victims with no remedy.
James J. Brosnahan
Senior of Counsel
Morrison & Foerster LLP
425 Market St.
San Francisco , CA 94105
Email: JBrosnahan@mofo.com
Jim is writing a book on President Trump and the Constitution.
The Supreme Court fashioned the doctrine of qualified immunity over time, but three recent court decisions protect unqualified police officers.
Qualified Immunity
A police officer pulls a gun and fires at a person. The facts are disputed. What process is available to hold the officer accountable? Excessive force is a legal and Constitutional violation. “Accountabi...
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