42 U.S.C. § 1983


Joanna C. Schwartz*

Courts, scholars, and advocacy organizations across the political spectrum are calling on the Supreme Court to limit qualified immunity or do away with the defense altogether. They argue—and offer compelling evidence to show—the doctrine bears little resemblance to defenses available when Section 1983 became law, undermines government account­ability, and is both unnecessary and ill-suited to shield government defendants from the burdens and...