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.
Click here for transcript.
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
Recent Episodes
Neat Takings Tricks | Season 3, Ep. 13

The Fifth Amendment says that the government must pay just compensation when it takes private property for public use, a command that, regrettably, is often […]
Listen NowTrust But Verify | Season 3, Ep. 12

In 1973, federal narcotics agents raided a pair of homes in Collinsville, Illinois by mistake. They didn’t find any drugs, but they did terrorize two […]
Listen NowEverything You Eat, Drink, and Wear | Season 3, Ep. 11

Government officials must obtain a warrant before forcibly entering a home (absent consent or an emergency). That rule goes back to the Founding. But in […]
Listen NowSpecial Weapons and Tactics | Season 3, Ep. 10

In 2020, a police SWAT team blew up Vicki Baker’s house after a fugitive barricaded himself inside. On this episode, we ask: who pays the […]
Listen Now