Argument analysis: An unsatisfying argument regarding Fourth Amendment qualified immunity and proximate cause

Yesterday’s argument in County of Los Angeles v. Mendez was, in a word, unsatisfying. The question of governmental liability for a law enforcement shooting of innocent individuals is extremely fact-intensive, and the law in this area is unsettled enough that assembling a majority for general Fourth Amendment rules on this record presents quite a challenge. … Continue reading Argument analysis: An unsatisfying argument regarding Fourth Amendment qualified immunity and proximate cause