'Qualified immunity' has shielded police and other government officials from lawsuits over their conduct. Now, two Supreme Court justices — the most liberal and the most conservative — are calling for a re-examination of the doctrine.
The U.S. Supreme Court could agree to hear qualified immunity cases amid nationwide protests over police brutality sparked by the death of George Floyd.The U.S. Supreme Court could agree to hear qualified immunity cases amid nationwide protests over police brutality sparked by the death of George Floyd.With the county awash in protests over the death of George Floyd, the U.S.
But in practice, because of a 2009 Supreme Court decision, lower courts have most often dismissed police brutality lawsuits on grounds that there is no prior court decision with nearly identical facts. Several recent studies,, have found that dozens of cases involving horrific facts, just as bad as the one involving Floyd, were thrown out of court on the grounds that there was no"clearly established" court precedent forbidding the conduct at issue.
Justice Sonia Sotomayor, arguably the court's most liberal justice, has repeatedly dissented when her colleagues have excused police misconduct in police brutality cases. In one dissent, she said the court"displays an unflinching willingness" to reverse lower courts when they refuse to grant qualified immunity to police officers. In contrast, she said, the court"rarely intervenes" when lower courts wrongly grant qualified immunity to police officers.
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