Analyzing the McDonald Douglas test and its application in qualified immunity

A couple cases this week where federal courts, at least in part, paid attention to the right things. Joined by the leaders of IJ’s Project on Immunity and Accountability, Anya Bidwell and Patrick Jaicomo, we dig into a couple recent denials of qualified immunity. Patrick discusses a case from the Fifth Circuit where a sheriff’s deputy committed some extremely heinous acts while on a “welfare check.” There’s Fourth Amendment and due process claims, and they’re addressed in a rather unusual way. Then Anya flies us out to Honolulu for a building inspector who was very hard to please. It’s a racial discrimination appeal under a civil rights law that goes back to before the Fourteenth Amendment. But first Patrick tells us of his musical exploits on a home synthesizer.

Click here for transcript.

Tyson v. County of Sabine

Toshikawa v. Seguirant

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Cert petition in Minnesota CSI (IJ case)

Anya & Patrick’s article on Recalibrating Qualified Immunity

Anya Bidwell

Patrick Jaicomo

Anthony Sanders