Is Qualified Immunity Unlawful?

Baude, William

doi:10.2139/ssrn.2896508

Cited by 10 publications

(8 citation statements)

References 13 publications

(2 reference statements)

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“…First, to collect and analyze federal 20 This argument was recently endorsed by Justice Clarence Thomas in concurrence in Ziglar v. Abbasi (2017). Citing Baude (2018), Justice Thomas noted his "growing concern with our qualified immunity jurisprudence" (Ziglar v. Abbasi, 2017, p. 1870.…”

Section: Prior Empirical Research and Methodology Of Current Studymentioning

confidence: 99%

“…If one just focused on Supreme Court decisions, that assumption would be warranted. Of the scores of qualified immunity cases that the Supreme Court has decided since it created the modern version of the defense in Harlow v. Fitzgerald (1982) including many involving the use of deadly force by police officers, a majority of Justices has almost always found that officers should have been granted qualified immunity (Baude, 2018, p. 82).…”

Section: An Overview Of Qualified Immunitymentioning

confidence: 99%

“…By way of illustration, Westlaw reports that as of December 31, 2021, since 1980 there have been 428 law review articles with the words "qualified immunity" in the title and 1654 law review articles in which the phrase "qualified immunity" was used 10 times or more. For articles questioning the origins of qualified immunity, see generally Baude (2018), Coleman (1986), andSchwartz (2018). For a structural critique of qualified immunity, see Crocker (2019).…”

Section: Introductionmentioning

confidence: 99%

“…At the same time, it is clear that qualified immunity plays an outsized role in the resolution of civil rights actions that reach the Supreme Court. For example, within the last 20 years, when certiorari has been granted, it has almost always resulted in the Court finding that a defendant is entitled to qualified immunity, and almost always in cases involving alleged Fourth Amendment violations (Baude, 2018, p. 82).…”

Section: Introductionmentioning

confidence: 99%

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Asymmetric review of qualified immunity appeals

Reinert

2022

J Empirical Legal Studies

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This article presents results from the most comprehensive study to date of the resolution of qualified immunity in the federal courts of appeals and the US Supreme Court. By analyzing more than 4000 appellate decisions issued between 2004 and 2015, this study provides novel insights into how courts of appeals resolve arguments for qualified immunity. Moreover, by conducting an unprecedented analysis of certiorari practice, this study reveals how the US Supreme Court has exercised its discretionary jurisdiction in the area of qualified immunity. The data presented here have significant implications for civil rights enforcement and the uniformity of federal law. They show that qualified immunity, when deployed, often bars relief for plaintiffs. Moreover, they show that courts of appeals reverse decisions to deny qualified immunity far more often than they reverse decisions to grant qualified immunity, and that this asymmetric review is correlated with traditional indicators of judicial ideology, among other variables. Significantly, the data also suggest that the asymmetric review that characterizes appellate decisions is also present in the Supreme Court's certiorari practice.

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Section: Prior Empirical Research and Methodology Of Current Studymentioning

confidence: 99%

Section: An Overview Of Qualified Immunitymentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Asymmetric review of qualified immunity appeals

Reinert

2022

J Empirical Legal Studies

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“…Qualified immunity has been used since the mid-1960s to protect officers (and government employees more broadly) from being held liable for reasonable actions they undertook that were part of their job. Qualified immunity was introduced as a measure to limit the liability of government officials while performing their duties (see, e.g., Baude, 2018) and attempts to prevent officers from feeling that they cannot fully do their jobs "due to the fear of litigation and subsequent personal monetary liability" (Braaten and Vaughn, 2021). Critics of qualified immunity in its modern application, however, suggest that it is used as "an absolute shield for even the most egregious law enforcement conduct" (Braaten and Vaughn, 2021).…”

Section: What We Knowmentioning

confidence: 99%

Police Killings: Road Map of Research Priorities for Change

2021

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This report summarizes what is currently known about killings committed by police officers in the United States and identifies existing evidence about various ways to prevent them. A relatively large body of research on these topics exists, but these studies often suffer from methodological shortcomings, largely stemming from the dearth of available data on police killings. Recognizing the need for more-rigorous work to guide efforts to reform police-and, more specifically, to reduce police killings-this report presents work focused on the development of a research agenda, or a road map, to reduce police killings. The report, based on an extensive literature review as well as interviews with policing experts, presents a series of recommendations for areas in which research efforts may be most effective in helping inform policymaking and decisionmaking aimed at reducing police killings.

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Drug War Reparations

Flanigan¹,

Freiman²

2020

Res Phil.

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Is Qualified Immunity Unlawful?

Cited by 10 publications

References 13 publications

Asymmetric review of qualified immunity appeals

Asymmetric review of qualified immunity appeals

Police Killings: Road Map of Research Priorities for Change

Drug War Reparations

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