Department/School of the Primary Author

History and Government


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.

Creative Commons License

Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.


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© 2017 Jana Minich. All rights reserved



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