Jay Schweikert | May 1, 2019
For over a year, Cato has been leading the charge to challenge the doctrine of qualified immunity: an atextual, ahistorical doctrine invented by the Supreme Court in the 1960s, which shields government agents from liability for misconduct – even when they break the law. Today marks a huge milestone in that ongoing campaign, as Cato has just filed an amicus brief in support of a new cert petition calling on the Court to reconsider this doctrine.
Jay Schweikert | September 21, 2018
The legal blogosphere has been abuzz with Judge Willett’s recent “dubitante” concurrence in Zadeh v. Robinson, in which the Twitter superstar and Supreme Court shortlister urged reconsideration of the judge-made doctrine of qualified immunity. Yet just one day before that decision was released, another federal judge — James O. Browning, in the District of New Mexico — issued his own blistering criticism of the doctrine,
Jay Schweikert | September 13, 2018
You would be hard pressed to find an issue that unites a wider and more diverse set of allies than opposition to qualified immunity. Justices Thomas and Sotomayor (joined by Justice Ginsburg) have both criticized the doctrine, as have a growing chorus of diverse lower-court judges — including newly appointed Judge Don Willett, of the Fifth Circuit. And recall that the recent amicus brief urging the Supreme Court to reconsider the doctrine was quite possibly the most diverse brief ever filed with the Court (including,
Jay Schweikert | August 30, 2018
Solitary confinement is one of the cruelest, most severe conditions that our criminal justice system may impose on prisoners. The combination of tiny cells (sealed to block all outside light and sound), lack of human interaction, and extremely limited access to the outside world add up to a treatment that is a mere stone’s throw from outright sensory deprivation torture. The long-term, injurious effects on prisoners for even short periods of such confinement, in terms of both physical and mental health,
Jonathan Blanks | July 6, 2018
Qualified immunity is a legal doctrine invented out of whole cloth by the U.S. Supreme Court that protects government agents, including particularly law enforcement officers, who violate someone’s constitutional rights from federal civil liability. This website is dedicated to explaining how and why the qualified immunity doctrine needs to be eliminated.
There are many technical aspects to the doctrine, which are discussed in more detail elsewhere on this site, but the general public needs to know these four basic facts.