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Description
Qualified immunity doctrine is complex and important, and for many years it was assumed to have an outsize impact on civil rights cases by imposing significant barriers to success for plaintiffs. Recent empirical work has cast that assumption into doubt, at least as to the impact qualified immunity has at pretrial stages of litigation. This Essay adds to this empirical work by evaluating the impact of qualified immunity at trial, a subject that to date has not been empirically tested. The results reported here suggest that juries are rarely asked to answer questions that bear on the qualified immunity defense. At the same time, the data illustrate that qualified immunity can be a powerful barrier to plaintiffs' success in the rare instances in which it is presented to a jury.
Publication Date
5-2018
Volume
93
Publisher
Notre Dame Law Review
First Page
2065
Disciplines
Civil Rights and Discrimination | Constitutional Law | Law | Law Enforcement and Corrections | State and Local Government Law | Supreme Court of the United States | Torts
Recommended Citation
Alexander A.,
Qualified Immunity at Trial,
93
Notre Dame Law Review
2065
(2018).
https://larc.cardozo.yu.edu/faculty-articles/623
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Law Enforcement and Corrections Commons, State and Local Government Law Commons, Supreme Court of the United States Commons, Torts Commons