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Law Enforcement and Corrections

2021

Qualified immunity

Articles 1 - 2 of 2

Full-Text Articles in Law

The Qualified Immunity Paradox And The Sixth Circuit’S Moderwell Opinion: A Harbinger Of Better Things To Come?, Doron M. Kalir Apr 2021

The Qualified Immunity Paradox And The Sixth Circuit’S Moderwell Opinion: A Harbinger Of Better Things To Come?, Doron M. Kalir

Law Faculty Articles and Essays

This note discusses the requirement of "clearly-established law," which a plaintiff needs to show in order to overcome a qualified immunity defense. This requirement--in essence, asking a plaintiff to show that someone else in their shoes has already prevailed in similar circumstances--may lead to an infinite regression paradox. The Note discusses this paradox and the ways in which the Supreme Court, and now the Sixth Circuit, have begun to resolve it.


Beyond Qualified Immunity, Fred O. Smith Jr. Jan 2021

Beyond Qualified Immunity, Fred O. Smith Jr.

Michigan Law Review Online

I never watched the video. The descriptions themselves have always felt like enough. Traumatizing enough. Invasive enough. George Floyd, father of two, laying on the ground, as an unfazed officer kneeled on his neck for at least eight minutes and forty-six seconds. He pleaded for his life and cried out to his deceased mother until he met his inevitable death. His name should be said for the record before saying almost anything else. The recording of the chilling final minutes of his life is, in all probability, one of the impetuses for this multi-journal Reckoning and Reform Symposium.