The Supreme Court has imparted the old common-law immunity to law-enforcement officers in actions for violations of constitutional rights. Defendants no longer have to stand trial on a federal claim for damages based on their unconstitutional actions unless a court has previously established with sufficient clarity and particularity that such actions are indeed a constitutional violation. Through examination of Hill v. McKinley, this Note argues that "qualified immunity" is beginning to be extended beyond its intended use.
William E. Roberts,
We Didn't Know Any Better Defense: The Eighth Circuit's View of Qualified Immunity for Jail Officers Who Detain Arrestees - Hill v. McKinley, The,
68 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol68/iss4/7