CrimProf Blog

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

Friday, July 3, 2020

Wells on Strict Liability for Constitutional Torts

Michael Lewis Wells (University of Georgia School of Law) has posted Some Objections to Strict Liability for Constitutional Torts (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract:
Qualified immunity protects officials from damages for constitutional violations, unless they have violated “clearly established” rights. Local governments enjoy no immunity, but may not be sued on a vicarious liability theory for constitutional violations committed by their employees. Critics of the current regime would overturn of these rules, in order to vindicate constitutional rights and deter violations. This article argues that the costs of these reforms would outweigh the benefits.

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