To the extent that public tort law can serve as a viable mechanism for law enforcement accountability, revamping tort claims acts, including statutory privileges and indemnification regulations, may serve as a greater vehicle for reform than eliminating qualified immunity.
Latest in Policing in America
In both debates, the central question is one of scope: How much should the police and military be asked to do in creating and maintaining safety and stability, and how competent are they to do what is being asked of them?
Protests against police brutality and coronavirus lockdowns have gripped the U.S. in recent weeks. Examining both protests simultaneously provides an opportunity to better understand the nature of violence.
How does the rhetoric of past presidents who have deployed federal troops to enforce domestic law compare to President Trump’s?
The Supreme Court’s landmark Fourth Amendment decision in Carpenter could impose new limits on aerial surveillance.
National Guard troops and federal law enforcement were deployed across the nation’s capital without the consent of the city—a reminder of the unique relationship between Washington, D.C., and the federal government.
The protests ignited by the police killing of George Floyd have put a spotlight on the legal doctrine of qualified immunity—one of many structural factors that makes it difficult to hold police officers accountable for wrongdoing.
Americans have taken to the streets in dozens of cities to protest the death of George Floyd, police brutality, and systemic racism. President Trump has focused his attention on looting and violence, which he calls “domestic terror” and insisted governors “dominate” the protestors. The gang talks about the role of the military and the Insurrection Act, the role of Bill Barr and the Justice Department, and Trump’s use of other federal forces as America heads into another day of public demonstration amidst a still raging pandemic.
The potential for expanded interior Homeland Security law enforcement activity raises questions about whether components of the department being called upon are subject to appropriate training, preparation and accountability.