And that's true even if state graffiti law provided probable cause for the arrest, so long as there's evidence that chalking with other messages almost never leads to arrests.
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Another example of how powerful the law enforcement lobby is
The 5th Circuit judge is a mixed bag from a libertarian perspective.
This court-invented doctrine shields bad cops from civil liability.
Reason asked writers who have been on the criminal justice beat for years to lay out serious proposals for reforms with a fighting chance of being implemented.
Even the most police-skeptical courts grant the doctrine in egregious circumstances.
Stop pandering to Joe Biden and listen to Americans who want to stop shielding abusive officers from liability.
"I believe there is sufficient evidence of a clearly established Fourth Amendment violation," writes the dissenting judge.
Trying to distract attention from the deadly corruption in his own department, Art Acevedo demands "action at the national level."
"The Constitution says everyone is entitled to equal protection of the law—even at the hands of law enforcement," wrote Judge Carlton W. Reeves.
The law is a step in the right direction, but has significant limitations, that should be a warning sign for future reform efforts.
Getting government officials to put their packs of enforcers on shorter leashes is the definition of an uphill battle.
American voters know what's up.
As policy makers consider ways to reduce some of these shocking use-of-force incidents, they need to evaluate the role of unions in protecting overly aggressive officers.
In attempting to appeal to everyone, the Democratic presidential candidate misses the mark.
The decision vividly illustrates how the doctrine shields police from accountability for using excessive force.
The judicially invented license for police abuse undermines the rule of law and the separation of powers.
The answer speaks volumes about the extent to which that doctrine protects police officers from liability for outrageous conduct.
The Fox News host says reforming qualified immunity would "end law enforcement." That's not even close to being true.
State reform isn't a complete substitute for abolition of the federal judicial doctrine. But it can achieve a lot. A recent Colorado law provides a model other states would do well to imitate.
The 5th Circuit Court of Appeals acknowledged that the plaintiff's Eighth Amendment rights were violated.
The legal doctrine frequently allows police officers to violate your rights without fear of civil liability.
A Sixth Circuit panel rejects claims of qualified immunity for officers and Monell immunity for a Cleveland suburb.
These reforms would protect all Americans while reducing racial disparities in policing.
The legislation rolls back regulations that have been shielding bad police from accountability.
Police officers shouldn't be above the law.
Everybody is talking about changing law enforcement, but not all proposals are equally worthy—or serious.
It does not touch qualified immunity or police unions.
"I have previously expressed my doubts about our qualified immunity jurisprudence," writes Associate Justice Clarence Thomas in a dissent.
The family of George Floyd probably won't be able to successfully sue Derek Chauvin in civil court because of qualified immunity, but they will help pay for the killer cop's retirement.
Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.
Citing work from Reason, players and coaches from the NFL, NBA, and MLB are urging Congress to end qualified immunity.
Rep. Tom McClintock (R–Calif.) announced he will support the Ending Qualified Immunity Act.
Responding to a medical alert they knew was erroneous, White Plains officers killed the man they supposedly were trying to help.
It's a perverse kind of progress, but it's progress all the same.
“Officers don’t have the time to pull out law books and analyze the fine points of judicial precedent.”
With Trump opposed too, there's little hope that a serious police reform bill will get through Congress anytime soon.
The 6th Circuit Court of Appeals' decision is "a precedent-setting error of exceptional public importance," writes dissenting judge.
The doctrine lets courts allow public universities to get away with eroding their students’ speech rights.
Abolishing qualified immunity is a crucial step in holding police accountable for violating our rights.
Federal spending on policing has quadrupled since the 1980s, while state and local spending has increased by about one-third.
It's not likely to have the chilling effect he expects. Unfortunately, it might not do as much as criminal justice reformers expect either.
The GOP claims to be the party of freedom. If that's true, they should rethink policies that embolden bad police behavior.
From tighter use-of-force rules to eliminating qualified immunity, here are some reforms that could make a real difference.
Plus: the return of the "outside agitator" narrative, Trump can't designate Antifa a terror group, and more...
Much can and must be done to curb police brutality. The task is difficult, but far from hopeless. But riots and looting are both wrong in themselves, and likely to have counterproductive results.
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