A Federal Judge Delivers Another Urgent, Scathing Warning About the Supreme Court

on Monday, he calls for the abolition of qualified immunity—a noxious legal doctrine that insulates violent and corrupt government officials, especially law enforcement, from accountability. He embedded this call to action in a broader critique of the Supreme Court’s selective application of precedent—with a focus on the cavalier reversal of—as well as its pernicious distrust of democracy.

Jennings later recanted, admitting that, in his meth-addled state, he’d provided a bogus tip. A judge finally dismissed the charges. By that point, Green had spent 22 months in jail, serving pretrial detention. The facility was violent. The food was moldy. He slept on the floor. His cell was infested with snakes and vermin.. Thomas promptly asserted qualified immunity to defeat the lawsuit.

The first problem is that judges made up the doctrine as a special favor to other employees of the government. Congress, as Reeves explained, gave individuals the power to sue state officials in federal court through the Ku Klux Klan Act of 1871, enacted after the Civil War so newly freed Black Americans could sue racist and abusive local police. Congress did, purporting to protect cops who commit illegal arrests in “good faith,” and imposed it unilaterally on the nation.

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