Sunday, May 11, 2014
Comment on constitutional tort cases before the Supreme Court
As is true most years, the US Supreme Court is again considering a number of constitutional tort cases, in which plaintiffs seek compensation for claimed violations of their constitutional rights. Given that one of the goals of tort law is to deter wrongful behavior, it is worth asking whether recognizing constitutional tort claims advances the goal. A new article by Professor Joanna Schwartz raises questions about whether these lawsuits actually do serve a deterrent function, and also casts some doubts on the purpose of the qualified immunity doctrine that courts employ to protect public employees. You can find the article here and you can read a comment on it at the SCOTUS blog.