The theoretical justification for the many absurd outcomes of qualified immunity cases is that without the clear guidance of existing case law, public officials would not be able to discern what conduct is permissible under the plain text of the Constitution. There are a lot of flaws with this reasoning, but a new article from noted immunity studies scholar and UCLA Professor Joanna Schwartz has identified a particularly damning one: police officers don’t study “clearly established law” at all.

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