qualified immunity, excessive force, cruel and unusual punishment
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.
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.