U.S. Supreme Court,
Criminal
Jun. 18, 2020
Controlling qualified immunity: Amend the Civil Rights Act
Many argue that the defense of qualified immunity protects the police more than the Civil Rights Act protects its citizens.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The killing of George Floyd by Minnesota police has sparked protests for racial justice throughout the country. The use of excessive or lethal force by the police also has prompted the discussion of whether the defense of qualified immunity has a continued place in American jurisprudence.
The Civil Rights Act of 1871 imposes civil liability upon "every person" who while acting under color of state law violates a plaintiff's constitut...
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