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There are absolutely situations were there can be constitutional ambiguity and in those cases, that can be taken into account by courts when assessing liability
by Eddy_Viscosity2 1y ago
There are absolutely situations were there can be constitutional ambiguity and in those cases, that can be taken into account by courts when assessing liability. Like if it was reasonable for a person in that position to assume they were acting in accordance with the law, then the court can find they aren't liable.
The problem is that pre-assigning blanket immunity means that government officials can (and do) knowingly violate people's rights because there is no penalty for doing so.