In 1967, the Supreme Court invented qualified immunity. And in 1982, the Court transformed the doctrine into the one we have today. On this episode, we trace the development of the doctrine, and push back against the idea that immunities for executive branch officials, like the police, are deeply rooted in this country’s legal tradition.
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Available on Apple Podcasts, Spotify, Google Podcasts, TuneIn, and Stitcher.
Resources
James Pfander, Zones of Discretion at Common Law
Scott Michelman, The Best Branch to Abolish Qualified Immunity
Jay Schweikert, Qualified Immunity: A Legal, Practical, and Moral Failure
Cato Institute, Unlawful Shield
Andrew Eichen, Prevalence of lying to suspects during interrogations and police perjury