Private Law Theory

ABSTRACT
Qualified immunity protects officials from damages for constitutional violations, unless they have violated ‘clearly established’ rights. Local governments enjoy no immunity, but may not be sued on a vicarious liability theory for constitutional violations committed by their employees. Critics of the current regime would overturn of these rules, in order to vindicate constitutional rights and deter violations. This article argues that the costs of these reforms would outweigh the benefits.

Wells, Michael Lewis, Some Objections to Strict Liability for Constitutional Torts (June 17, 2020). Georgia Law Review, forthcoming; University of Georgia School of Law Legal Studies Research Paper No 2020-14.

First posted 2020-06-24 07:00:06