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The Unqualified Mess Of Qualified Immunity; A Doctrine Worth Overruling, Allison Weiss
The Unqualified Mess Of Qualified Immunity; A Doctrine Worth Overruling, Allison Weiss
Washington and Lee Law Review Online
This comment is a response to Ryan E. Johnson, Note, Supervisors Without Supervision: Colon, McKenna, and the Confusing State of Supervisory Liability in the Second Circuit, 77 Wash. & Lee L. Rev. 457 (2020), which received the 2019 Washington and Lee Law Council Law Review Award.
In his note, Ryan Johnson drills down on the various ways that courts within the Second Circuit are approaching the viability of § 1983 lawsuits by incarcerated individuals against supervisors within correctional facilities. But how important is supervisory liability in the first place? Qualified immunity allows courts, as Mr. Johnson puts …