Gary S. Gildin is a professor at Penn State Dickinson Law School.
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
Colorado and New Mexico have enacted laws to hold police and other officials accountable for state constitutional violations, while other states have broadened immunities.
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.
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Contributions
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
Legislative Efforts to Abolish Qualified Immunity Yield Mixed Results
Colorado and New Mexico have enacted laws to hold police and other officials accountable for state constitutional violations, while other states have broadened immunities.
A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.