By any measure, the conditions that Lee Saunders endured in the psych unit at the Brevard County jail in Florida were shockingly inhumane. But when he sued over the overcrowding, abusive treatment, and denial of basic sanitation, the courts ruled that the officer in charge was immune from suit. On this episode, we explore the state of qualified immunity doctrine today and whether the Supreme Court’s justifications for its policy of shielding officials from suit—even when they have violated the Constitution—hold water.
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Guests
Joanna Schwartz, UCLA Law
Robert McNamara, Institute for Justice
Elizabeth Cruikshank, Orrick, Herrington & Sutcliffe
Tiffany Wright, Orrick, Herrington & Sutcliffe
Coleman Watson, Watson LLP
Resources
Joanna Schwartz, Qualified Immunity’s Boldest Lie
Joanna Schwartz, Police Indemnification
Joanna Schwartz, How Qualified Immunity Fails