Awful Qualified Immunity Cases
Advisory Opinions
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The Two Step Qualified Immunity Process
David Gergen: Qualified immunity jurisprudence is weird because there's clear statutory language. And yet the courts for decades have just not complied with it, he says. The judge made doctrine modifies the meaning of the statute to say " shall be liable only when rights and privileges or immunities outlined above are clearly established" He adds that a lot of courts skip one step in the qualified immunity process - were those rights clearly established at the time that they were violated you can sue.
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