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- Title
Qualified Immunity’s Flawed Foundation.
- Authors
Reinert, Alexander A.
- Abstract
The article discusses the critique of qualified immunity, which is under attack from various angles, with critics claiming that it creates barriers to relief in civil rights litigation. The author adds a new critique by arguing that there is no foundation for the interpretive premise of qualified immunity, and the Supreme Court's methodology in creating the doctrine as it disregarded the explicit statutory text of Civil Rights Act, which intended to create liability for violations.
- Subjects
QUALIFIED immunity of public officers; CONSTITUTIONAL torts; ENFORCEMENT Acts (United States); CIVIL rights; CONSTITUTIONAL law
- Publication
California Law Review, 2023, Vol 111, Issue 1, p201
- ISSN
0008-1221
- Publication type
Article
- DOI
10.15779/Z38BK16Q68