Supreme Court not Showing Immediate Interest in Shooting Down Qualified Immunity

Written by: Phillip E. Friduss, Esq.

Ready, set, stop. Of the 13 qualified immunity cases discussed at last Friday’s Conference, the Supreme Court continued 10 of them, and this morning denied cert to the other 3.

We all want to read Reuters May 8th offering, For Cops Who Kill, Special Supreme Court Protection, a sharp-edged report on qualified immunity with updated statistics. The statistics belie the notion that qualified immunity has been chipped away at over the last few years – it hasn’t.

I am still of the belief that if qualified immunity is to see reining in any time soon, it will be to limited to reversing Pearson v. Callahan, thus bringing us back to the age of Saucier v. Katz, and the mandatory two-step.