A QUALIFIED DEFENSE OF QUALIFIED IMMUNITY

Qualified immunity is the most important doctrine in the law of constitutional torts. That is because it shields a government official from a civil suit for monetary damages unless said official violates constitutional rights. The doctrine seeks to balance competing values that are in tension, gover...

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Bibliographic Details
Published in:The Notre Dame law review 2018-01, Vol.93 (5), p.1853
Main Authors: Nielson, Aaron L, Walker, Christopher J
Format: Article
Language:English
Subjects:
Constitutional law
Privileges & immunities
Public officials
Violations
Online Access:Get full text
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Summary:Qualified immunity is the most important doctrine in the law of constitutional torts. That is because it shields a government official from a civil suit for monetary damages unless said official violates constitutional rights. The doctrine seeks to balance competing values that are in tension, government officials sometimes suffer no personal liability even when they violate constitutional rights. But at the same time, the threat of punishing an officer for violating previously unknown rights could chill legitimate governmental action. Qualified immunity is both unlawful and ineffective-merit serious consideration and further investigation. However, there are important counterpoints that merit further analysis with some recommendations on how the Supreme Court should improve the doctrine to better ensure it advances its intended objectives.
ISSN:0745-3515