Friday, July 16, 2010
John Jeffries (UVa) has posted to SSRN What's Wrong with Qualified Immunity?. The abstract provides:
Originally delivered as the Dunwody Lecture at the University of Florida, this paper argues that “qualified immunity needs a course correction.” The Supreme Court’s attempt to strike a balance between the “importance of a damages remedy to protect the rights of citizens” and the “public interest in encouraging the vigorous exercise of official authority” (Harlow v. Fitzgerald) may have seemed sensible in the abstract, but has broken down in administration. Today, the law of qualified immunity is complicated, unstable, and overprotective of government officers. This paper documents those defects and proposes reforms designed to “get constitutional tort law back on track.”
(Via Keith Hylton's Torts & Products Liability eJournal)
Just seeing the title reminded me of the arguments Professor Jeffries made in class 15 years ago.