This is a debate Congress should have, but we should not oversell the assumption that federal constitutional litigation is the chief forum to address police misconduct.https://twitter.com/justinamash/status/1269317830316560384 …
Civil liability needs to recognize some real space for good faith defenses. Where I'm with the reformers is that I don't think the current QI rules are a particularly good way of doing that. Everything turns on the state of the caselaw rather than the cop's basis for acting.
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Isn't the "clearly established" exception a good faith protection against abuse? A better reform would be to more easily weed out bad cops, not tilt the scales so a good cop who acts incorrectly in a difficult situation is forced to prioritize his life or his bank account.
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Of course you're correct but, oolitically, solutions must be steered away from anything threatening public sector unions. So QI will be the rallying cry on the left.
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