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  • Author: Jay Schweikert
  • Publication Date: 09-2020
  • Content Type: Commentary and Analysis
  • Institution: The Cato Institute
  • Abstract: Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly denies justice to victims whose rights have been violated, and it severely undermines official accountability, especially for members of law enforcement. Accountability is an absolute necessity for meaningful criminal justice reform, and any attempt to provide greater accountability must confront the doctrine of qualified immunity. This judicial doctrine, invented by the Supreme Court in the 1960s, protects state and local officials from liability, even when they act unlawfully, so long as their actions do not violate “clearly established law.” In practice, this legal standard is a huge hurdle for civil rights plaintiffs because it generally requires them to identify not just a clear legal rule but a prior case with functionally identical facts.
  • Topic: Law, Reform, Criminal Justice, Accountability, Police, Qualified Immunity
  • Political Geography: North America, United States of America