Fact Check: Qualified immunity began in the 1980s

Fact Check: "Qualified immunity began in the 1980s"

What We Know

The claim that "qualified immunity began in the 1980s" is misleading. The doctrine of qualified immunity was first introduced by the U.S. Supreme Court in the case of Pierson v. Ray in 1967, which aimed to protect law enforcement officials from liability in civil rights lawsuits during the civil rights movement (Wikipedia). However, it was during the 1980s that the doctrine was significantly expanded. The landmark case Harlow v. Fitzgerald in 1982 established a more robust standard for qualified immunity, allowing public officials to be shielded from liability even in cases of misconduct, provided they did not violate "clearly established" law (Judicature, Wikipedia).

Analysis

The assertion that qualified immunity began in the 1980s overlooks its initial establishment in the late 1960s. While it is true that the modern interpretation and application of qualified immunity were shaped significantly during the 1980s, particularly with the Harlow v. Fitzgerald decision, the roots of the doctrine trace back to earlier Supreme Court rulings. According to legal scholar William Baude, qualified immunity was created in the late 1960s and expanded in the 1980s to protect officials from frivolous lawsuits (Baude).

Critics of qualified immunity argue that it has evolved into a barrier against accountability for police misconduct, particularly as courts have increasingly applied it to cases involving excessive force (Reuters). The historical context provided by various sources indicates that while the doctrine was indeed expanded in the 1980s, its inception predates that decade, making the claim only partially accurate.

The sources used in this analysis include legal scholars and historical accounts, which provide a comprehensive view of the doctrine's development. However, the interpretation of qualified immunity's expansion in the 1980s is often framed by advocates for reform, which could introduce a degree of bias in the discussion (Judicature, Wikipedia).

Conclusion

The claim that "qualified immunity began in the 1980s" is Partially True. While the doctrine was significantly expanded during that decade, it was originally established in the late 1960s. This distinction is crucial for understanding the full context of qualified immunity and its implications for civil rights and police accountability.