The Daily stands in solidarity with the Black community. Read our editors’ statement.

Qualified immunity must end

As the New York Times put it, qualified immunity “has effectively created a Catch-22 paradox in constitutional law: Where a precedent doesn’t exist, a court can punt on the question of whether a cop broke the law, which in turn ensures that a precedent doesn’t get set.”What this means is that if there is not a case on the books with precisely the facts of the case being debated, the officer is not found to have violated clearly established law, and so cannot be held liable.
Load more