William Baude, Is Qualified Immunity Unlawful?, 106 Cal. L. Rev. (forthcoming 2018), available at SSRN.

Fred O. Smith, Jr.

Is Qualified Immunity Unlawful? This is the ambitious question that Will Baude tackles in a forthcoming article in the California Law Review. When plaintiffs file damages suits under § 1983 against government officials who violate federal rights acting “under color” of state law, they must overcome the defense of qualified immunity. That doctrine protects government officials from damages claims unless they violate […]