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Reason
Reason
Jacob Sullum

Qualified Immunity Is Not Limited to Police Brutality. It Protects a Wide Variety of Abusive Officials.

Conservatives who are leery of government power in other contexts often have a blind spot when it comes to police officers. Tough-on-crime instincts, coupled with anger at left-wing critics of police practices, frequently translate into a reflexive "back the blue" stance that is inconsistent with limited government, civil liberties, and the rule of law. Donald Trump's promise to "restore law and order" by indemnifying police officers "against any and all liability" appeals to that sentiment, even as it underestimates the difficulty of successfully suing police officers and overlooks the fact that cops already are routinely indemnified against damages when plaintiffs manage to overcome the barrier created by qualified immunity.

Qualified immunity bars federal civil rights claims unless they allege misconduct that violated "clearly established" law. A new Institute for Justice (I.J.) report on the consequences of that doctrine further complicates the conventional conservative narrative by debunking the assumption that qualified immunity mainly applies to allegations of police brutality.

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