Latest Case: United States v. Mendoza-Maisonet (Civil Rights)

Would Eliminating Qualified Immunity Substantially Deter Police Misconduct?

MICHAEL C. DORF

Cornell law professor Michael C. Dorf discusses the proposal that eliminating or substantially reducing the qualified immunity currently enjoyed by police officers would address racism and police brutality. Although the idea has lately garnered some bipartisan support and could potentially have some benefit, Dorf describes two reasons to be skeptical of the suggestion. He concludes that for all of its flaws, qualified immunity may actually facilitate the progressive development of constitutional rights.

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United States v. Mendoza-Maisonet

Docket: 18-1190

Opinion Date: June 9, 2020

Judge: Torruella

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The First Circuit affirmed Defendant's convictions and sentence for possession of firearms in furtherance of drug trafficking crimes and of possession with intent to distribute heroin and cocaine base, holding that Defendant was not entitled to reversal on any of his claims. Specifically, the First Circuit held (1) the evidence of Defendant's guilt was sufficient to support the jury's verdict; (2) the district court did not err in denying Defendant's motion to suppress the statements he provided to law enforcement or the evidence seized from the residence; (3) the district court did not clearly err in imposing the sentencing enhancement for obstruction of justice because Defendant perjured himself; and (4) the district court did not err in rejecting Defendant's request for a reduction in his offense level based on his claimed minimal participation in the offenses.