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Democide

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Qualified immunity denied!


A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed.

23 February 2021



The Supreme Court on Monday dealt another blow to qualified immunity, the legal doctrine that shields civil servants from accountability for alleged misconduct. It's a stark change from this time last year. In February 2020, the U.S. Court of Appeals for the 5th Circuit awarded qualified immunity to a correctional officer who pepper-sprayed an inmate without provocation. It was that decision—McCoy v. Alamu—that the justices reversed yesterday and remanded back to the lower court for reconsideration. Their move is subtle and went unnoticed by just about every major news outlet. It doesn't alter the legal doctrine itself. But it does ...



 
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