Shantanu Kamat

On Qualified Immunity, Legal and Practical Analyses Thereof, and Prospects for Reform

I consider the doctrine of qualified immunity in the case of law enforcement from multiple vantage points. I look at the doctrine’s constitutional and common law basis, its history, and examples of how it has been applied in practice. This research project utilizes multiple types of sources, including news articles, research papers, law review articles, and court cases, to ensure that the analysis of a complex issue is conducted holistically and that no major angle goes unaddressed. Furthermore, I incorporate quotes and lessons I learned from Patrick Jaicomo, an attorney at a public interest law firm who is considered an expert in immunity doctrines. I corresponded with Mr. Jaicomo over the course of the preliminary research phase of this project, and he has allowed me to publish his responses to my questions in this work. After conducting legal, historical, and practical analyses of qualified immunity, I review the primary arguments made in favor and against the doctrine, as well as how lawmakers have attempted to change it. To finish, I conclude that qualified immunity ought to be reformed or eliminated and offer some recommendations of ways to proceed.