This is the fifth and final post in a series on The Fair Notice Rationale for Qualified Immunity. Thanks so much to Eugene and the other conspirators for letting me post, and to you for reading to the bitter end! Yesterday I said that there are some cases where the fair notice rationale clearly does […]
This is the fourth post in a series on The Fair Notice Rationale for Qualified Immunity (forthcoming Florida Law Review). So far I have argued that: (1) unpredictable adjudications are unfair in the same way that retroactive law is unfair, by treating the defendant as someone who is incapable of making plans; (2) constitutional liability, […]
This is the third in a series of posts on my forthcoming article The Fair Notice Rationale for Qualified Immunity. Yesterday I explained why liability that is unpredictable from a defendant’s standpoint is unfair: just like retroactive law, it deprives the defendant of the ability to plan, and treats her as a means to an […]
In a post yesterday, I introduced a series on The Fair Notice Rationale for Qualified Immunity, a paper that will be published by the Florida Law Review. The paper explores the extent to which fairness to officers supports the doctrine of qualified immunity. (For a primer on the doctrine, see my post yesterday.) The first […]
Qualified immunity is a beleaguered doctrine, and for good reason. The doctrine protects government officials from suits for money damages when they violate the Constitution in a way that was not “clearly established” at the time. In some cases, this leaves victims of official misconduct without compensation and vindication. The Supreme Court has said that […]
