Short Circuit 112 (08/02/19)
Short Circuit
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The Inconsistency of Qualified Immunity
This chapter discusses the disagreement between two panels in a litigation process regarding the application of summary judgment and highlights the problem of panels picking and choosing which cases they consider analogous. The speakers explore the different approaches taken by judges, either engaging with the facts of the case or using qualified immunity as a convenient doctrine to avoid addressing the constitutional violations. They also discuss an opinion by Supreme Court Justice Gorsuch in the Browder case, suggesting alternative actions to filing a claim under 1983.
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