Clark Neily
“I have a theory: Qualified immunity has already been bitten by one of the walkers in the Walking Dead, and it’s in the zombification process.”
So said David French on last week’s episode of The Dispatch’s Advisory Opinions podcast while discussing a recent Fifth Circuit decision denying qualified immunity to a pair of Houston police officers in an utterly bizarre false‐arrest case. Though he doesn’t elaborate, the idea seems to be that qualified immunity’s vital essence has been drained over the years...