A Way Around Qualified Immunity. I’ve Never Seen This Angle Discussed

I listen to lots of Libertarian podcasts and read Reason Magazine cover to cover every month. Qualified immunity, as it’s currently practiced, is clearly a travesty. That said, minimizing frivolous lawsuits is a legitimate competing issue.

In the vast majority of qualified immunity abuse I see/listen to, the action by the government, particularly law enforcement, is actually criminal. The problem is that the prosecutors can’t, or won’t, prosecute. It seems that a reasonable legal theory would be that a suit, for violation of rights, could go forward if the plaintiff could show, by a preponderance of the evidence, that the actions of the government agent met all of the elements of a felony. This provides the wronged citizen with recourse, while minimizing openings for frivolous lawsuits.