From Institute for Justice <[email protected]>
Subject Liberty & Law: New suits seek accountability for federal officers
Date August 11, 2021 7:00 PM
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Institute for Justice updates
IJ Gives U.S. Supreme Court Two Opportunities to End Federal Police Impunity
By now, many of our readers have heard of qualified immunity. It is a pernicious legal doctrine that shields government officials from accountability for unconstitutional actions unless an appeals court has already decided that nearly identical actions are unconstitutional. This legal fiction serves as a proxy for establishing whether the government official was sufficiently “on notice” that their actions would violate the Constitution. Yet even when qualified immunity is no longer an obstacle, there is a large class of officers who still can’t be sued: the more than 100,000 who work for the federal government.
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