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- Title
KELSAY V. ERNST: IN A TIME OF NATIONAL PUBLIC OUTRAGE OVER A LACK OF POLICE ACCOUNTABILITY, THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT'S BOTCHED QUALIFIED IMMUNITY ANALYSIS HIGHLIGHTS SERIOUS PROBLEMS WITH THE DOCTRINE AS A WHOLE.
- Authors
McCauley, Addison C.
- Abstract
The article examines the decision of the U.S. Eighth Circuit Court in Kelsay v. Ernest which provides qualified immunity to Gage County sheriff deputy Matt Ernst from an excessive force claim filed by Melanie Kelsay. Topics discussed include the development of qualified immunity through the Supreme Court, Eighth Circuit and Court of Appeals precedents, violation of standard of review in the Eighth Circuit analysis, and implication of the decision to deny the petition for a writ of certiorari.
- Subjects
UNITED States; LEGAL judgments; PRIVILEGES &; immunities (Law); POLICE brutality; ERNST, Matt; UNITED States. Court of Appeals (8th Circuit); LEGAL precedent; STANDARD of review (Law); CERTIORARI
- Publication
Creighton Law Review, 2021, Vol 54, Issue 4, p605
- ISSN
0011-1155
- Publication type
Article