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Excessive ForceU.S. Supreme Court · 2009

Pearson v. Callahan

555 U.S. 223 (2009)
PLAIN ENGLISH

Police officers are protected by 'qualified immunity' — you can only sue them if they violated a 'clearly established' constitutional right. This makes it very difficult to sue officers, because courts can dismiss cases simply by finding no prior case with identical facts.

LEGAL HOLDING

Courts may grant qualified immunity to officers without first determining whether a constitutional right was violated.

WHY IT MATTERS

Explains why lawsuits against police are so difficult. Qualified immunity shields officers from personal liability unless a court has already ruled that exact conduct unconstitutional.

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