The doctrine of qualified immunity has been increasingly under attack by scholars and judges. Even Justice Thomas has suggested that the doctrine should be revisited and revised to reflect its application at common law. The CATO Institute is filing amicus curiae briefs on behalf of plaintiffs. Along with providing a survey of recent case law across the circuits, Professor Blum will examine the major criticisms directed at the doctrine and highlight the confusion surrounding its application at each stage of Section 1983 litigation. Will the qualified immunity defense be revamped, or will it remain the “darling” of the Supreme Court?
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