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Joanna Schwartz

12 Feb, 4 tweets, 2 min read

https://twitter.com/NPAP_NLG/status/1360027348175831050

Have you ever wondered what qualified immunity is or what it does or where it came from? Now's the time to get your questions answered. #npap #PoliceAccountability

https://twitter.com/NPAP_NLG/status/1360027348175831050

Here's a little history. Qualified immunity was created by the Supreme Court in 1967, to shield police and other government officers from damages liability when they acted in "good faith." But in 1982, the Court said it should protect officers unless...

... they violated "clearly established law." Today the Supreme Court has instructed lower courts that they must dismiss damages claims against officers unless there is a prior opinion in which a court held virtually identical facts to be unconstitutional.

For research about why qualified immunity should be abolished, see scholarship.law.nd.edu/cgi/viewconten…. And for predictions about how civil rights litigation would function without it, see columbialawreview.org/content/after-…

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Joanna Schwartz

@JCSchwartzProf

2 Nov 20

Today’s summary reversal in Taylor v. Riojas is a big deal. In it, SCOTUS breathed new life into the notion that qualified immunity should be denied if the constitutional violation is obvious - a ruling the Court made almost 20 years ago but has ignored until today. 1/8

One of the most damaging aspects of qualified immunity is the notion that plaintiff must find a prior court decision with virtually identical facts to establish officers were on notice of their misconduct. It’s a nearly impossible standard to meet - and ridiculous to boot...2/8

...because officers aren’t actually educated about the facts and holdings of these cases (so they aren’t actually on notice of these decisions.) papers.ssrn.com/sol3/papers.cf…. 3/8

Read 9 tweets

Joanna Schwartz

@JCSchwartzProf

17 Jun 20

@danepps

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

Read 7 tweets

Joanna Schwartz

@JCSchwartzProf

1 Jun 20

It's high time to #EndQualifiedImmunity. But what impact would ending qi have? Some say qi is responsible for the horrors of the past weeks, some say other barriers to accountability mean little would change. I say both are somewhat right. This thread explains why. 1/6

Ending qi would mean an end to court opinions that send the message that officers can violate peoples' rights without consequence. Ending qi would also reduce the costs, risks, and complexity of civil rights litigation, so might encourage more attorneys to bring these cases. 2/6

But qi isn't the silver bullet some hope. Without qualified immunity, government indemnification, budgeting, and risk-management practices, and the many other drivers of government behavior would continue to minimize lawsuits’ deterrent effects. 3/6

Read 6 tweets

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