Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices to deal with domestic disputes was questioned.'
Dale T. Smith,
We Can Settle This Here or Downtown: Mediation or Arrest for Domestic Violence Calls - Eagleston v. Guido,
1995 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1995/iss2/7