About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

8 HLRe: Off Rec. 1 (2017-2018)

handle is hein.journals/hlreoffrec8 and id is 1 raw text is: 








                      NOTE




 ABSOLUTELY QUALIFIED: SUPREME COURT
 TRANSFORMS THE DOCTRINE OF QUALIFIED
 IMMUNITY INTO ABSOLUTE IMMUNITY FOR
                 POLICE OFFICERS*

I.  INTRODUCTION                  .........................................2

II. CASE RECITATION                 ......................................3
    A.  Background                    ...............3...........3
        1. Facts of the Case              ............3.........3
        2. Procedural History  ..................  ......4
    B.  The Supreme Court's Reasoning ..................5
        1. Per Curiam Opinion of Justices Roberts,
           Kennedy, Thomas, Ginsburg, Breyer, Alito and
           Kagan.     ........................   ..........5
        2. Justice Scalia's Concurring Opinion    .   ............7
        3. Justice Sotomayor's Dissenting Opinion...............7

III. BRIEF HISTORY     .................................. ......8

IV. QUALIFIED IMMIUNITY BECOmES ABSOLUTE       ................9
    A. Mullenix reaffirms and strengthens precedent to an
        unreasonable level ......... .....      ...... ........9
    B. Mullenix encourages a shoot first, think never
        mentality for police officers    ........    ............. 10
    C.  Unreasonable police behavior toward black communities
        serves as a warning of what is to come  ..   ............. 12
    D. In order to determine the reasonableness of an officer's
        behavior, the Court must look beyond just the facts of the
        case to account for studies, statistics, and department
        policies............................           13

V.  CONCLUSION.......................................  13


   *  J.D. Candidate, University of Houston Law Center, 2018. This Case Note was
selected as the best submission in the 2016 Houston Law Review Write On Competition.


1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most