CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, August 27, 2014

"Ivory Tower Academics and Police Use of Force"

Kent Scheidegger at Crime & Consequences criticizes Erwin Chemerinsky's recent NYT op-ed on qualified immunity. His critique of  a Chemerinsky critique:

Shooting out the tires is an "obvious" alternative?  Sure, it has worked on every cop TV show I have seen it tried on.  In the real world, things aren't quite so obvious.  Go back to your ivory tower, dean, and leave police work to people who know what they are doing.

There is a case to be made for adjustments to the civil liability of police officers and police departments.  In particular, Chief Justice Burger's long-shelved suggestion of expanded liability for Fourth Amendment violations in return for scrapping the exclusionary rule deserves to be taken out and reconsidered.  But Plumhoff doesn't support the case.

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