Alex Reinert on Qualified Immunity
The Lawfare Podcast
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Is Qualified Immunity a Bedrock Defense?
There is remarkably little empirical study of actual qualified immunity decisions. So then you get the decision that says even assuming it's unconstitutional to beat somebody about the face and neck with a coke can, it's still not clearly established. And therefore you don't even get the development of the substitute of law. We never learn if that particular conduct would be considered unconstitutional. Now that's a harm institutionally to the development of law. I think we should also say, I think it's a harm to law enforcementThat is, I think, law enforcement benefits from knowing when they cross the constitutional line.
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