The Yale Law Journal

Joanna C. Schwartz


Backdoor Municipal Immunity

Joanna C. Schwartz

Although local governments aren’t entitled to qualified immunity, four circuits have held that granting an officer qualified immunity dooms a failure-to-train claim against their employer. This “backdoor municipal immunity” misunderstands the role that court decisions actually play in police policie…


How Qualified Immunity Fails

Joanna C. Schwartz

This Article reports the findings of the largest and most comprehensive study to date of the role qualified immunity plays in constitutional litigation. I found that qualified immunity rarely served its intended role as a shield from discovery and trial in these cases.