Show Notes - History Of Qualified Immunity
Watch Episode # 64 - The History Of Qualified Immunity
Description
Episode # 64
Today on Legalese we are talking about the history of the qualified immunity doctrine.
We do a deep dive into constitutional law and common law to show just how ahistorical this doctrine is, having been invented out of nothing by the Supreme Court in the 1980’s.
Links
Qualified Immunity
Shielded: For cops who kill, special Supreme Court protection (Reuters Articles on Qualified Immunity)
Ask the author: Reuters on the consequences of qualified immunity for police officers
Case Law
Aldaba v Pickens
Aldaba v Marshall County
SALAZAR-LIMON v. HOUSTON
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
Little v. Barreme, 6 U.S. (2 Cranch) 170 (1804).
Harlow v. Fitzgerald, 457 U.S. 800 (1982).
Pearson v. Callahan, 555 U.S. 223 (2009).
Ziglar v. Abbasi, 137 S. Ct. 1843 (2017).
Malley v. Briggs, 475 U.S. 335 (1986).
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
Pierson v. Ray, 386 U.S. 547 (1967).
Myers v. Anderson, 238 U.S. 368 (1915)
Anderson v. Myers, 182 F. 223 (C.C.D. Md. 1910)
Anderson v. Creighton, 483 U.S. 635 (1987).
Laws & Statutes
Strict Rule Of Personal Official Liability
Articles
Akhil Reed Amar, “Of Sovereignty and Federalism,” Yale Law Journal 96, no. 7 (1987)
Antonin Scalia, Common-Law Courts in a Civil Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws, in A Matter Of Interpretation, 29–37 (Amy Gutmann ed., 1997).
Steven L. Winter, The Meaning of "Under Color of" Law, 91 MICH. L. REV. 323 (1992)
The Supreme Court’s Role In The Police Accountability Controversy
Promoting Accountability: State and Federal Officials Shouldn’t Be Above the Law
Past Episodes
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