2min chapter

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Qualified Immunity

5-4

CHAPTER

The Supreme Court's Strengthening of Qualified Immunity

In 2009, the Supreme Court strengthened qualified immunity even more in a case called Pearson v. Callahan. In that case, the court basically allowed federal courts to decide whether the right was clearly established before deciding if a right had been violated. What that means is that in these gray areas of constitutional law where new situations and circumstances arise of police pushing the boundaries of what is constitutional, the court can just throw the case out by saying that the law in this area is unclear instead of doing the work of establishing what the Constitution protects us from.

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