Supreme Court reaffirms police protection by qualified immunity

For advocates taking aim at qualified immunity, the pair of unsigned rulings sent another strong message: The most likely path to changing the doctrine is through legislation, not the courts.

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“It is absolutely important for statehouses to open up their courthouse doors to individuals with claims against officers,” said Anya Bidwell, an attorney with the Institute for Justice, which has lobbied in favor of state bills seeking to undo the doctrine.

So far, though, those political efforts have been largely fruitless, as bipartisan talks in Congress have broken down over efforts to reduce qualified-immunity protections for police and dozens of state-level bills have died under heavy pressure from police unions.

The Supreme Court’s decisions on Monday suggest the court is sticking with its own strict interpretation of the doctrine. To sue, plaintiffs have to show that officers violated rights that are “clearly established” by previous case law — meaning they have to find another case involving nearly identical circumstances.

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