4min chapter

The Lawfare Podcast cover image

How the Police Became Untouchable

The Lawfare Podcast

CHAPTER

The Immediate Assumptions of the Court of Appeals in California

The court's assumption that these cops are pouring over the fine-grain distinctions of court of appeals decisions in their circuits and Supreme Court decisions is implausible. Officers could never learn all of the cases that might clearly establish the law. And even if they did, they couldn't remember them. The fact that force was not objectively reasonable is not enough to overcome qualified immunity. Instead, a plaintiff has to find a prior court decision where a similar kind of force was used in a similar circumstance.

00:00

Get the Snipd
podcast app

Unlock the knowledge in podcasts with the podcast player of the future.
App store bannerPlay store banner

AI-powered
podcast player

Listen to all your favourite podcasts with AI-powered features

Discover
highlights

Listen to the best highlights from the podcasts you love and dive into the full episode

Save any
moment

Hear something you like? Tap your headphones to save it with AI-generated key takeaways

Share
& Export

Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more

AI-powered
podcast player

Listen to all your favourite podcasts with AI-powered features

Discover
highlights

Listen to the best highlights from the podcasts you love and dive into the full episode