The legal doctrine that protects brutal policing

Explain It to Me

Vox Media Podcast Network

Education, Politics, News, Society & Culture

4.4 • 7.9K Ratings

🗓️ 19 June 2020

⏱️ 44 minutes

🔗️ Recording | iTunes | RSS

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Summary

Cato's Clark Neily joins Jane to discuss Qualified Immunity - where is came from, why it exists, and what's being done to eliminate it. Clark details how the Supreme Court invented the civil doctrine to protect public workers from personal liability, and details hows it's being used to cloak police officers from being held accountable for unlawful practices. *This interview was recorded on Monday, June 15th 2020 Relevant cases: Amy Corbitt, Petitioner v. Michael Vickers, United States Court of Appeals for the Eleventh Circuit Jessop v. City of Fresno, United States Court of Appeals for the Ninth Circuit Sims v. Labowitz, United States Court of Appeals for the Fourth Circuit Relevant articles: "To Make Police Accountable, End Qualified Immunity" by Clark Neily, The Bulwark "Is Qualified Immunity Unlawful?" by William Baude, California Law Review "Jury Rejects Damages for Victims of Pot Raid Based on Wet Tea Leaves" by Jacob Sullum, Reason "George Floyd’s Death Must Be a Catalyst for Accountability" by Clark Neily, Cato Please visit https://www.unlawfulshield.com/ for more information on Cato's efforts to eliminate Qualified Immunity Guest: Clark Neily (@ConLawWarrior) Vice President of Criminal Justice, Cato Institute Host: Jane Coaston (@cjane87), Senior Politics Reporter, Vox Credits: Jeff Geld, (@jeff_geld), Editor and Producer The Weeds is a Vox Media Podcast Network production Want to support The Weeds? Please consider making a contribution to Vox: bit.ly/givepodcasts More to explore: Subscribe to Impeachment, Explained on Apple Podcasts, Spotify, Stitcher, Overcast, Pocket Casts, or your favorite podcast app to get stay updated on this story every week. About Vox Vox is a news network that helps you cut through the noise and understand what's really driving the events in the headlines. Follow Us: Vox.com Facebook group: The Weeds Learn more about your ad choices. Visit podcastchoices.com/adchoices

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0:00.0	Support for this show comes from the Genesis GB70 Performance SUV. Every Genesis is a reminder
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0:47.8	Genesis. Keep beginning.
0:53.0	When you close government officials, including particularly police officers with these awesome
0:58.4	powers, the power to arrest, the power to take life, and we equip them with weapons to do that,
1:03.9	it's incredibly important how much accountability comes with that.
1:13.6	Hello, and welcome to another episode of The Weeds on the Vox Media Podcast Network. I'm
1:26.0	Jane Kostin, Senior Politics Reporter at Vox. Today, my guest is Clark Neely, Vice President for
1:31.3	Criminal Justice at the Cato Institute. Today, we are talking about qualified immunity.
1:36.6	Qualified immunity is the doctrine that has led to many police officers not really facing the
1:43.2	consequences of their actions through a protection that actually applies to all public sector
1:49.3	employees, but is generally used most when it comes to policing. We talked about the history
1:55.1	of qualified immunity, how the Supreme Court has invented and interpreted qualified immunity,
2:00.4	and we talked about the challenges faced to ending or eliminating qualified immunity altogether.
2:06.4	So without further ado, here is Clark Neely. Clark Neely, thank you so much for joining me on The Weeds.
2:13.1	I'm thrilled to be here. Thanks so much for having me.
2:15.4	So we're talking about qualified immunity, and it's interesting that we're doing this on this day,
	...

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