Ending Qualified Immunity: A Categorical Approach for Justice and Accountability
Qualified immunity protects officers from being held liable for damages unless they violate clearly established rights. However, recent court cases have extended this protection even when rights are clear, leading to calls for its abolition. The article argues for a balanced approach, suggesting that immunity should be assessed based on costs and benefits in different situations. Instead of getting rid of it entirely, the proposal is to create categories where immunity should be denied or strengthened.