The Qualified Immunity Paradox and the Sixth Circuit’s Moderwell Opinion: A Harbinger of Better Things to Come?

Authors

Doron M. Kalir, Cleveland-Marshall College of Law, Cleveland State UniversityFollow

Document Type

Article

Publication Date

Spring 2021

Publication Title

Inter Alia

Keywords

qualified immunity, excessive force, cruel and unusual punishment

Abstract

This note discusses the requirement of "clearly-established law," which a plaintiff needs to show in order to overcome a qualified immunity defense. This requirement--in essence, asking a plaintiff to show that someone else in their shoes has already prevailed in similar circumstances--may lead to an infinite regression paradox. The Note discusses this paradox and the ways in which the Supreme Court, and now the Sixth Circuit, have begun to resolve it.

Comments

Federal Bar Association: Northern District of Ohio Chapter Newsletter

Repository Citation

Kalir, Doron M., "The Qualified Immunity Paradox and the Sixth Circuit’s Moderwell Opinion: A Harbinger of Better Things to Come?" (2021). Law Faculty Articles and Essays. 1193.
https://engagedscholarship.csuohio.edu/fac_articles/1193