Qualified Immunity, Quantified: How America’s Most Controversial Legal Doctrine Thwarts Civil Rights Plaintiffs
Drawing on the largest study of qualified immunity appeals to date, the authors argue that the doctrine extends far beyond split-second policing decisions and poses substantial obstacles for civil rights plaintiffs.
Suggested citation: Tiezzi, J., McNamara, R., Smith, P., & Menjou, M. (2026). Qualified immunity, quantified: How America’s most controversial legal doctrine thwarts civil rights plaintiffs. Judicature, 110(1), 72–79. https://judicature.duke.edu/wp-content/uploads/sites/3/2026/10/Judicature-110-1-Qualified-Immunity-Quantified.pdf
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Immunity and Accountability
Unaccountable
The largest ever study of qualified immunity cases, Unaccountable finds the doctrine shields a wider array of officials and conduct than commonly thought while unacceptably burdening victims of government abuse and failing at its goals.
