William Baude: Is it Time to Hold Police Officers Accountable for Constitutional Violations?

Is it Time to Hold Police Officers Accountable for Constitutional Violations?

Yesterday the Supreme Court issued a summary opinion in the White v. Pauly case. A police officer was sued for killing a man during an armed standoff during which the officers allegedly never identified themselves as police. The Supreme Court, however, concluded that the officer had “qualified immunity.” That is, he was immune from a suit for damages, because his conduct — while possibly unconstitutional — was not obviously unconstitutional.

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