3 ms·
This has to do with qualified immunity. It's not so much that his rights weren't violated, as that, per qualified immunity, it doesn't matter, because there is
by solidsnack9000 6y ago
This has to do with qualified immunity. It's not so much that his rights weren't violated, as that, per qualified immunity, it doesn't matter, because there is not a very close precedent (like, once upon a time, some sheriffs cut apart a stage coach interior with a bowie knife and got charged) that can be used to base a ruling on. If that seems like a strange doctrine to you, you're not alone!
https://www.cato.org/blog/may-15th-supreme-court-will-finally-decide-whether-hear-cases-calling-abolition-qualified https://www.cato.org/blog/may-15th-supreme-court-will-finall...
I wonder if this ruling does not have an impact on qualified immunity as a sustainable doctrine. In this ruling, SCOTUS has recognized a claim against law enforcement for rights violations not by finding a matching precedent but by reasoning from (recent) positive law.
- closeparen 6y agoWhy would police need to personally reimburse the costs of a search? This seems like something the department should have to pay for. Qualified immunity has no bearing on that.
- solidsnack9000 6y agoQualified immunity has to do with what the OP was talking about -- about whether rights are considered to be violated.