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Civil Rights,
Constitutional Law,
Government,
U.S. Supreme Court

Apr. 11, 2018

Qualified immunity has gone too far

A recent ruling is only the latest accretion in the U.S. Supreme Court’s application of legal doctrine entirely unhinged from constitutional and statutory moorings.

Robert L. Bastian Jr.

Partner
Bastian & Dini

9025 Wilshire Blvd, Penthouse
Beverly Hills , CA 90211

Phone: (310) 789-1955

Fax: (310) 822-1989

Email: robbastian@aol.com

Whittier Law School

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Qualified immunity has gone too far
Justice Clarence Thomas at the U.S. Capitol, Jan. 20, 2017. Thomas lamented that the court's qualified immunity precedents represent precisely the sort of "`freewheeling policy choice[s]' we have previously disclaimed power to make." His call for review of the entire enterprise is right. (New York Times News Service)

OCTOBER 2017 TERM

The U.S. Supreme Court's recent per curiam opinion in Kisela v. Hughes, 138 S. Ct. 1148 (2018), is only the latest accretion in the court's application of legal doctrine entirely unhinged from constitutional and statutory moorings. The ruling excused four bullets a University of Arizona police corporal pumped into a mentally ill woman from behind a fence less than one minute after arriving on the s...

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