History and Government
Dr. Mark Caleb Smith, Dr. Marc Clauson, Prof. Robert Vaughn
Dr. Mark Caleb Smith
Qualified Immunity, Section 1983, Police, Police Officers, Constitutional Rights, Rights Remediation
This paper explores qualified immunity jurisprudence in the context of Section 1983 lawsuits against police officers. Following an overview of the history behind this jurisprudence, this research looks into the current problems with the application of qualified immunity: lack of guidance for lower courts, a need for constitutional rights articulation, and a divergence from notice-based standard for particularity. This study suggests guiding the trajectory of case law toward solutions with foundations already present in precedent rather than overhauling the system of qualified immunity.
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"The Right Balance: Qualified Immunity and Section 1983,"
Channels: Where Disciplines Meet: Vol. 2
, Article 4.
Available at: http://digitalcommons.cedarville.edu/channels/vol2/iss1/4