Just uploaded my recent article (forthcoming @CalifLRev) "Qualified Immunity's Flawed Foundation" arguing that QI doctrine was, you guessed it, flawed at its inception. You can find it here: papers.ssrn.com/sol3/papers.cf… 1/x
In it, I dive into 19th century case law concerning canons of statutory interpretation to show that #SCOTUS misapplied those canons when it first created the good faith immunity to Section 1983 liability in 1967. 2/x
I also show how the original text of the 1871 Civil Rights Act contains explicit language demonstrating the inapplicability of QI to Section 1983. Thanks to all who read drafts and provided feedback -- and thanks to @CalifLRev's editors for continuing to make it better.3/3
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