Does One Size Fit All? Qualified Immunity Inside and Outside Split-Second Policing Decisions
Event Video
Qualified immunity shields all government officials from suit when the constitutional rights they violate are not “clearly established.” Yet the public conversation often centers on police officers. Supreme Court cases on the doctrine frequently involve split-second law enforcement decisions, and when Congress considered reform in the George Floyd Justice in Policing Act of 2020, its focus was again on police, excluding other officials.
How should we think about qualified immunity in the policing context versus other government contexts, particularly when officials are not acting under urgent time pressure? Should there be a single, uniform standard, or should the doctrine be tailored to the circumstances faced by the defendant? And if tailoring is appropriate, should that responsibility rest with the political branches rather than the courts?
Join us for a discussion on the origins, evolution, and future of qualified immunity—and bring your questions.
Featuring:
- Elliott Averett, Attorney, Bryan Cave Leighton Paisner LLP
- William Most, Attorney, Most & Associates
- (Moderator) Anya Bidwell, Attorney, Institute for Justice
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
