Latest Case: Martinez De Artiga v. Barr (Immigration Law)

Would Eliminating Qualified Immunity Substantially Deter Police Misconduct?

MICHAEL C. DORF

Cornell law professor Michael C. Dorf discusses the proposal that eliminating or substantially reducing the qualified immunity currently enjoyed by police officers would address racism and police brutality. Although the idea has lately garnered some bipartisan support and could potentially have some benefit, Dorf describes two reasons to be skeptical of the suggestion. He concludes that for all of its flaws, qualified immunity may actually facilitate the progressive development of constitutional rights.

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Martinez De Artiga v. Barr

Docket: 17-2898

Opinion Date: June 10, 2020

Judge: Guido Calabresi

Areas of Law: Immigration Law

To hold categorically that an applicant for relief under the Convention Against Torture must be threatened more than once and that such a person must suffer physical harm before fleeing is an error of law. The Second Circuit granted a petition for review challenging the denial of petitioner's application for asylum, withholding of removal, and protection under the CAT. The court held that the IJ erred as a matter of law for penalizing petitioner for her prompt flight. Although the IJ credited petitioner's testimony that the threats received by the MS-13 gang were believable and no way remote, it erred by requiring that petitioner and her family wait until they suffered physical harm or until the threats recurred before they fled. The court remanded for further proceedings.