Abstract

In response to Professor Chapman’s Fair Notice, the Rule of Law, and Reforming Qualified Immunity, this article examines the viability of Chapman’s proposal to reform qualified immunity by focusing on the “fair notice” rationale. Chapman argues that government officials should not be shielded from liability in cases where they acted in bad faith, violated criminal laws, or engaged in conduct malum in se. This article explores whether such a proposal could meaningfully alter qualified immunity litigation and concludes that significant procedural and historical barriers make this reform unlikely to succeed.

Keywords

Qualified Immunity, Fair Notice, Constitutional Rights, Bad Faith, Government Officials, Civil Rights Litigation, Police Misconduct, Section 1983, Criminal Conduct, Procedural Rules

Disciplines

Civil Rights and Discrimination | Constitutional Law | Criminal Procedure | Law

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