How the Police Became Untouchable
The Lawfare Podcast
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Is There a Vicarious Liability for Municipal Governments?
The Supreme Court has clearly held that municipalities are not entitled to qualified immunity. So if there is direct vicarious liability for local governments, that would be an end run around qualified immunity. Even when officers are indemnified at the end of the day, during the litigation process, the threat that officers won't be indemnified is used strategically by defendants to reduce settlements and sometimes to reduce verdicts after a jury has entered a verdict.
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