The elusive doctrine of qualified immunity has made its way, yet again, to the Supreme Court. But does Mullenix v. Luna, 2015 U.S.__, 2015 WL 6829329 (Nov. 9, 2015) bring us any closer to understanding this convoluted, perhaps controversial, doctrine?
Section 1983
First, a primer. The statute 42 U.S.C. §1983 provides: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State…, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable.” If, for example, a police officer uses excessive force against a civilian, the officer is liable to the civilian in a Section 1983 damages action, for violation of the Fourth Amendment prohibition against unreasonable seizures.
