Quote:
Originally Posted by Adder
As to punishment, absurd. Not so as to damages though.
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2. People too quickly forget that qualified immunity doesn't mean that the conduct was okay; just that it's very hard to find public servants willing to come to work when their personal livelihoods are put at risk by the push-pull policymaking of constitutional law. An individual should only be denied qualified immunity when their behavior was clearly an abuse of authority.
Best example of this is
Morse v. Frederick, where the 9th Circuit found a right was so "clearly established" that a high school principal should know the law better than the USDC (which granted a Rule 56 motion) did.
