The Future of Official Immunity

In recent years, judges, scholars, and advocates have begun to rethink qualified immunity, a judge-made doctrine that shields public officials from liability for unlawful misconduct unless a plaintiff can show the misconduct violated “clearly established law.” In practice, the doctrine poses a high legal hurdle for civil rights claims, posing challenges for those who seek relief for rights-violations and those who seek to hold government agents accountable for misconduct. What are the implications of a potential shift away from this doctrine?

Asli Bashir
Quattrone Center Research Fellow, University of Pennsylvania Law School

Katie Chamblee-Ryan
Attorney and Coordinator of the Prosecutor Project, Civil Rights Corps

Clark Neily
Vice President for Criminal Justice, The Cato Institute

David Rudovsky
Senior Fellow, University of Pennsylvania Law School