Federal Courts, Local Wrongs: How Qualified Immunity Gave Us Lawless Law Enforcement

Source: Liberalism.org
by Radley Balko

“At the state and local level, police officers (and government employees in general) are protected from lawsuits by a policy called qualified immunity. The policy isn’t in the Constitution, nor was it ever enacted by Congress. It’s a legal fiction that the U.S. Supreme Court invented from whole cloth. In fact, qualified immunity’s very existence cuts against the clear intent of the Fourteenth Amendment. … We commonly hear that ‘ignorance of the law is no excuse’ — you can’t defend yourself from criminal charges by claiming that you didn’t know that what you did was illegal. Qualified immunity not only provides an excuse for law enforcement officers when they violate someone’s constitutional rights, it’s an incentive for police agencies to keep their officers ignorant of how courts expect officers to treat members of the public.” (04/13/26)

https://www.liberalism.org/p/federal-courts-local-wrongs-how-qualified-immunity-gave-us-lawless-law-enforcement