Department/School of the Primary Author
History and Government
Keywords
Qualified Immunity, Section 1983, Police, Police Officers, Constitutional Rights, Rights Remediation
DOI
10.15385/jch.2017.2.1.4
Abstract
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.
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.
Disclaimer
DigitalCommons@Cedarville provides a publication platform for fully open access journals, which means that all articles are available on the Internet to all users immediately upon publication. However, the opinions and sentiments expressed by the authors of articles published in our journals do not necessarily indicate the endorsement or reflect the views of DigitalCommons@Cedarville, the Centennial Library, or Cedarville University and its employees. The authors are solely responsible for the content of their work. Please address questions to dc@cedarville.edu.
Rights
© 2017 Jana Minich. All rights reserved
Recommended Citation
Minich, Jana
(2017)
"The Right Balance: Qualified Immunity and Section 1983,"
Channels: Where Disciplines Meet: Vol. 2:
No.
1, Article 4.
DOI: 10.15385/jch.2017.2.1.4
Available at:
https://digitalcommons.cedarville.edu/channels/vol2/iss1/4