Double Negatives
Divided Argument is live from Stanford Law School, hosted by the Stanford Constitutional Law Center! We review an unusual summary reversal in a capital habeas case and the latest universal injunction developments, and discuss some of the implications of the change in administration. After that, we are joined by a very special guest to discuss the recent arguments in the excessive force case of Barnes v. Felix.
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Transcript
Dan: Yeah, so that feeds into the other thing that, Orin, you mentioned about qualified immunity. So, if as the court tells us, this is kind of a fuzzy totality of the circumstances inquiry, are officers going to always get qualified immunity except in the most extreme cases where an officer shoots a fleeing shoplifter in the back 20 times. But in most other cases, if it's [unintelligible it depends on these 12 factors. Isn't that always going to produce qualified immunity where it's not going to be clearly established that the use of force was excessive?