The Supreme Court, as Justice Sotomayor recently noted in a dissent, has done little to check police use of force. Instead, she argues, recently it has used the doctrine of qualified immunity to weaken 4th Amendment protections.
As I have previously noted, this Court routinely displays an unflinching willingness “to summarily reverse courts for wrongly denying officers the protection of qualified immunity” but “rarely intervene[s] where courts wrongly afford officers the benefit of qualified immunity in these same cases.”