Explain It to Me

The legal doctrine that protects brutal policing


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Cato's Clark Neily joins Jane to discuss Qualified Immunity - where is came from, why it exists, and what's being done to eliminate it. Clark details how the Supreme Court invented the civil doctrine to protect public workers from personal liability, and details hows it's being used to cloak police officers from being held accountable for unlawful practices.

*This interview was recorded on Monday, June 15th 2020


Relevant cases:

Amy Corbitt, Petitioner v. Michael Vickers, United States Court of Appeals for the Eleventh Circuit

Jessop v. City of Fresno, United States Court of Appeals for the Ninth Circuit

Sims v. Labowitz, United States Court of Appeals for the Fourth Circuit


Relevant articles:

"To Make Police Accountable, End Qualified Immunity" by Clark Neily, The Bulwark

"Is Qualified Immunity Unlawful?" by William Baude, California Law Review

"Jury Rejects Damages for Victims of Pot Raid Based on Wet Tea Leaves" by Jacob Sullum, Reason

"George Floyd’s Death Must Be a Catalyst for Accountability" by Clark Neily, Cato


Please visit https://www.unlawfulshield.com/ for more information on Cato's efforts to eliminate Qualified Immunity


Guest:

Clark Neily (@ConLawWarrior) Vice President of Criminal Justice, Cato Institute

Host:

Jane Coaston (@cjane87), Senior Politics Reporter, Vox

Credits:

Jeff Geld, (@jeff_geld), Editor and Producer

The Weeds is a Vox Media Podcast Network production


Want to support The Weeds? Please consider making a contribution to Vox: bit.ly/givepodcasts


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