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Questioning The Need For Qualified Immunity

Carol M. Highsmith
/
Library of Congress
In June 2020, the U.S. Supreme Court declined to hear cases involving qualified immunity. Justice Clarence Thomas dissented, saying the "qualified immunity doctrine appears to stray from the statutory text."

Rethinking the policy that shields police and government officials from civil lawsuits

Qualified immunity is a legal principle created by the U.S. Supreme Court in 1982. Now some are wondering if its use has been expanded beyond its original intent including two U.S. Supreme Court Justices asking the court to reconsider it.

  • Lumen Mulligan, Earl B. Shurtz Research Professor of Law at the University of Kansas
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