My Authors
Read all threads
I appreciate @danepps reference to my research in his @nytimes oped. I agree that abolishing qi is not a cure-all. But I disagree with the conclusion that eliminating qi is "unlikely to alter police behavior." Here's why. 1/7 nytimes.com/2020/06/16/opi…
I agree that many other factors--not just qi--limit lawsuits' power & have studied some that Epps describes-officers are usually indemnified, police budgets are insulated from lawsuit costs, & there are other barriers to relief, including the Court's 4th Amendment standards. 2/7
But eliminating qi would have more than symbolic power. FWIW, symbolic power on its own is important-qi decisions insulating officers despite egregious behavior tell officers they can violate people's rights with impunity & tell people their rights don't matter. H/t Sotomayor 3/7
But QI's power goes beyond symbolism. I interviewed plaintiffs' attorneys across the country & found that qi increases the costs, risks, and complexity of civil rights litigation - and those challenges, and others, discourage some lawyers from taking civil rights cases. 4/7
Eliminating qi would mean that courts would clarify the scope of constitutional rights, which would lead to more clarity in police department policies and procedures. The 1st A right to record police isn't clearly established in some circuits - ending qi should change that.5/7
And ending qi would probably mean that more cases would go to trial-which would would mean more transparency and greater focus would be on what should be the critical question in these cases—whether government defendants violated plaintiffs' constitutional rights.6/7
If you want to read more of my thoughts on the subject, you can @ColumLRev. columbialawreview.org/content/after-…. Of course ending qualified immunity is not a cure-all. But it's important to be specific about what it does and does not achieve. 7/7
Missing some Tweet in this thread? You can try to force a refresh.

Keep Current with Joanna Schwartz

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!