Something wonderful just happened with Qualified Immunity

A recent ruling by the U.S. Fifth Circuit Court of Appeals marks a notable shift in how courts are viewing qualified immunity. The court denied this protection to a Jackson, Mississippi detective who wrongfully arrested an innocent man. While this is a positive outcome for accountability, what makes the case extraordinary is the court’s candid admission that qualified immunity is a flawed, judge-created doctrine without legislative foundation.

Judge Don R. Willett, writing for the majority, described the doctrine as "judicially contrived" and acknowledged its many defects. The court emphasized, however, that as appellate judges, they lack the power to abolish qualified immunity entirely. This admission is significant because it lays bare the fact that the policy is not rooted in any law passed by Congress, but rather, emerged from judicial precedent. It represents a clear invitation for higher courts or lawmakers to take definitive action.

Downsize DC sees this moment as a strategic opening to finally end qualified immunity. They are mobilizing citizens through a grassroots campaign known as “The 300,” encouraging civic involvement to pressure Congress to outlaw the practice entirely. The case serves as both a legal milestone and a rallying point for broader reform.

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