Unqualified Immunity
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According to 9CA, police officers cannot be sued for stealing more than $200 K worth of cash and rare coins during an arrest because it was not “clearly established” that this was a violation of the Constitution:
9th Cir.: Although it's "morally wrong" for police officers to steal more than $200,000 from someone's house while conducting a search, it wasn't clearly established that stealing during a search violates the 4th Am. So the officers can't be sued. https://t.co/eFNX6mi8fx pic.twitter.com/fIlTNJFIoE— Brad Heath (@bradheath) September 6, 2019
Even if one believes in qualified immunity, and even if one agrees with the way SCOTUS has instantiated qualified immunity in the doctrine, there's no theory under which it makes sense to immunize these officers. https://t.co/Dogbuv96w6— Sam Bagenstos (@sbagen) September 7, 2019
The judicially created “qualified immunity” doctrine has become a disaster, not least because the distinction between “qualified” and “absolute” keeps getting more and more subtle.