http://armsandthelaw.com/archives/2015/06/thoughts_on_qua.php
https://www.law.cornell.edu/supremecourt/text/14-939#writing-14-939_PERCURIAM_3
Can this be fixed? Ideas? Suggestions?
stay safe.
Today's Supreme Court ruling in Taylor v. Barkes illustrates another problem with the doctrine. If no suit can be filed until a right is clearly established, and the only way to establish it is by a definitive ruling, how can a right ever become clearly established outside of the realm of criminal procedure? (Inside that realm, a person can make and win a motion to suppress evidence, thereby establishing the right without having to win a civil suit). Here, the Court holds there was qualified immunity, since the right claimed was not established by Supreme Court precedent or by a "robust consensus" of Court of Appeals cases, suggesting that nothing less suffices.
https://www.law.cornell.edu/supremecourt/text/14-939#writing-14-939_PERCURIAM_3
Can this be fixed? Ideas? Suggestions?
stay safe.