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By: Sun Choy
For many decades, qualified immunity has served as a powerful defense to end civil cases against public officials, including law enforcement officers for the alleged use of excessive force. Given the many high-profile deaths involving the use of force by officers, progressives have again called for the end of qualified immunity. Even some conservatives are now calling for an end to qualified immunity. In a recent National Review article, the author lays out a conservative rationale to end qualified immunity, which is primarily based on the “plain meaning” of the statutory language of 42 U.S.C. § 1983. With progressives and conservatives joining forces, is it only a matter of time before the Supreme Court ends qualified immunity?
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