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- Title
HOW WAS THAT REASONABLE? THE MISGUIDED DEVELOPMENT OF QUALIFIED IMMUNITY AND EXCESSIVE FORCE BY LAW ENFORCEMENT OFFICERS.
- Authors
NEMETH, MARCUS R.
- Abstract
Under the qualified immunity doctrine, current policy shields law enforcement officers who utilize excessive force against ordinary American citizens. As a result, police departments and enforcement officers lack incentives to change their behavior, leaving victims and grieving families powerless in the face of an unforgiving legal doctrine that provides little to no justice. This Note explores the creation and development of the qualified immunity doctrine within the policing context and argues that its near-impossible and unjust standards have been problematically overextended and drastically need reform by the Supreme Court. The countless lives lost at the hands of those who are meant to serve and protect are not in vain--they serve as the clarion call for legal change.
- Subjects
UNITED States; QUALIFIED immunity of public officers; LAW enforcement personnel; ENFORCEMENT Acts (United States); MONELL v. Department of Social Services; CIVIL rights
- Publication
Boston College Law Review, 2019, Vol 60, Issue 3, p989
- ISSN
0161-6587
- Publication type
Article