QUALIFIED IMMUNITY: TIME TO CHANGE THE MESSAGE

The Court that once criticized the Eleventh Circuit for putting a rigid gloss on the qualified immunity analysis by insisting on a case that was materially similar to the situation before the court in order to defeat immunity, is now (tweeting) through per curiam opinions that plaintiffs best produc...

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Bibliographic Details
Published in:The Notre Dame law review 2018-05, Vol.93 (5), p.1887
Main Author: Blum, Karen M
Format: Article
Language:English
Subjects:
Analysis
Constitutional law
Laws, regulations and rules
Privileges & immunities
Public policy
Qualified immunity (Law)
Supreme Court decisions
Online Access:Get full text
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Summary:The Court that once criticized the Eleventh Circuit for putting a rigid gloss on the qualified immunity analysis by insisting on a case that was materially similar to the situation before the court in order to defeat immunity, is now (tweeting) through per curiam opinions that plaintiffs best produce precedent that squarely governs in the specific context of this case if they hope to get by summary judgment. The Court's policy driven qualified immunity approach has stifled the development of constitutional standards while creating a confusing and divisive debate about what constitutes clearly established law; imposed substantial burdens and costs on the litigation of civil rights claims by encouraging multiple and often frivolous or meritless interlocutory appeals; and resulted in judges displacing jurors as fact finders.
ISSN:0745-3515