“This doctrine, invented by the Court out of whole cloth, immunizes public officials even when they commit legal misconduct unless they violated ‘clearly established law.’ That standard is incredibly difficult for civil rights plaintiffs to overcome because the courts have required not just a clear legal rule, but a prior case on the books with functionally identical facts.” [More]Sorry, but no recourse for you. Like it says in the Preamble, "Precedent über alles!"
What did Mr. Kennedy have to say about that...?
[Via Mack H]
This is very much a doctrine that I believe should be changed.
ReplyDeleteThis from yesterday is what prompted me in the first place:
Kisela v. Hughes
* https://hotair.com/archives/2018/04/02/scotus-may-gone-far-granting-police-immunity/