Joanna Schwartz @JCSchwartzProf Twitter profile | Pikagi

Pikagi

Joanna Schwartz

@JCSchwartzProf

6,527

Followers

818

Following

278

Media

4,399

Statuses

UCLA Law Prof. Civil procedure/civil rights litigation/police accountability. Author of Shielded: How the Police Became Untouchable ( @VikingBooks 2023)

Los Angeles, CA

https://t.co/5TvH2S10Q0

Joined July 2016

Don't wanna be here? Send us removal request.

Pinned Tweet

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

My book, “Shielded: How the Police Became Untouchable” @VikingBooks is in stores today! I hope you’ll pick it up at your favorite bookstore, or here:

Tweet card media

Shielded by Joanna Schwartz: 9780593299364 | PenguinRandomHouse.com: Books

An urgent and definitive examination of how the legal system prevents accountability for police misconduct, from one of the country's leading scholars on policing In recent years, the high-profile...

www.penguinrandomhouse.com

41

143

472

Last Seen Profiles

@arieldiaco

@chiba_yuto_bb

@cxxfi

@japanese_ken

@PlaytoZ

@Effymom

@g3p_graph

@greggroman

@AboualiAGAO

@intofourths

@dotdump

@its_farhaa

@happyccatt

@Dismay__

@Y_Kaneko

@its_farhaa

@clem_burke

@dexter_cap

@furioxa

@Akadem_Campus

@kumidaisuki

@Loxonin_joe

@csestanovich

@DiceSports

@doxzillaworld

@daily_furry

@drewfanacc

@StepnJam

@groenendijkp

@Westlake_Uni

@ktbearx3

@dawnlewd

@evil_leafybfdi

@guangzhoukeyue2

@FaBJudges

@0_Rei_nihon

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

The Supreme Court just made an important and promising shift on qualified immunity in a case called McCoy v. Alamu- although they did it so quietly that you wouldn't notice if you didn't look closely. Here's the scoop, in a thread...

49

2K

7K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Are there any lawyers out there who want to hone their deposition skills? If so, you can try to find out how my 14-year-old son’s day was.

156

229

6K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

I'd love a sweeping pronouncement ending QI - but I'm here to celebrate these quieter gestures too.

32

161

3K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

The 10th circuit just recognized a 1st A right to record the police, reversing the district court’s decision granting qualified immunity because the right wasn’t clearly established. Congrats to the legal team, especially my former student, @natashababz !

14

443

2K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

The Supreme Court issued no decision in McCoy. But I think they're sending a message that lower courts can deny QI if the officer's misconduct was clear, even if there's no case with identical facts - not only in prison conditions cases, but in excessive force cases as well.

6

261

2K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

280 characters aren’t nearly enough to explain what is wrong with this article that suggests the officers in Uvalde might have hesitated because qualified immunity protections in the Fifth Circuit are too weak. So that’s why I have written this 🧵…

@aaronsibarium

Aaron Sibarium

2 years

As a gunman approached Robb Elementary School in Uvalde, Texas, one police officer had an AR-15 trained on the suspect. Why didn't he take the shot? Maybe because cops who pulled the trigger under similar circumstances have ended up in court.🧵

769

198

718

20

457

2K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Baltimore Cops Carried Toy Guns to Plant on People They Shot, Trial Reveals - VICE

Tweet card media

Baltimore Cops Carried Toy Guns to Plant on People They Shot, Trial Reveals

One officer involved in the city's massive corruption scandal said officers kept the replicas "in case we accidentally hit somebody or got into a shootout, so we could plant them."

76

1K

2K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

This may be how the Supremes take action on qualified immunity in the near future-not with a sweeping opinion doing away with QI, but with a quieter message, heard by the lawyers and judges who are listening, that it's stepping back from its most robust depictions of QI's power.

6

176

2K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

⁦ @lawlibertarian ⁩, I am a lawyer too, and a law professor who has studied qualified immunity for a decade. Steal a quarter million dollars while executing a search warrant? QI. Throw a petite woman on the ground and break her collar bone even though she wasnt a threat? QI.

Tweet media one

67

175

2K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

But the Supreme Court granted cert, reversed, and remanded, instructing the 5th Circuit to reconsider its decision in light of Taylor v. Riojas, a SCT decision from 11/2020 ruling no prior factually similar case was necessary when any officer would know what they did was wrong.

2

149

1K

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 months

The 9th Circuit today granted qualified immunity to an officer who shot a man six times. The decision nicely illustrates why the justifications for qualified immunity doctrine bear scant relationship to reality, and why it is brutally unjust. 🧵 1/10

Tweet media one

22

379

926

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

We don’t have specifics, but sounds like Republican Senator Tim Scott is proposing to end qualified immunity and make cities, not officers, liable. This is HUGE folks. Let me explain why.

28

255

887

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

11 days

This is a jaw dropping story. NYC’s attorneys, obligated to report settlements and judgments against the NYPD, failed to report $1.2 billion in payouts over a 10 year period. Approximately half of the total payouts during that period.

Tweet card media

How $1.2 billion in NYPD civil litigation case settlements and monetary awards went unreported

An investigation of public records shows the Law Department’s mandated reporting has not provided full transparency.

www.cityandstateny.com

14

496

908

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

Today’s summary reversal in Taylor v. Riojas is a big deal. In it, SCOTUS breathed new life into the notion that qualified immunity should be denied if the constitutional violation is obvious - a ruling the Court made almost 20 years ago but has ignored until today. 1/8

6

222

856

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

In a case brought by @RightsBehind , a Texas corrections officer beat a prisoner without provocation. The district court granted the officer QI and the 5th Circuit Court of Appeals affirmed.

4

88

788

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

In the opinion, the 5th relied heavily on Supreme Court QI precedent, saying “[t]he pages of the United States Reports teem with warnings about the difficulty of” showing that the law was clearly established and ruling that no prior court decision had sufficiently similar facts.

2

66

717

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

America needs more civil rights lawyers. This isn’t a joke. My latest, in ⁦ @TheAtlantic ⁩.

Tweet card media

‘Well, Is There Blood on the Street?’

Why so few lawyers are willing to take civil-rights cases.

www.theatlantic.com

16

208

636

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

My book, Shielded: How the Police Became Untouchable, is now available for preorder! Coming out February 2023. @VikingBooks . I can't wait to share this with you.

Tweet media one

35

150

622

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

10 months

Arizona passed a law restricting the ability to record the police. It was so bad that no one wanted to defend it in court, and now a federal judge has struck it down via @reason

Tweet card media

Federal judge strikes down Arizona law limiting ability to record police

Both the state attorney general and the state legislature declined to defend the law in court after the ACLU of Arizona and news media organizations sued to overturn it.

3

171

515

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

7 months

There is a lot to hate about qualified immunity. But here’s one reason that often escapes notice: in some parts of the country, only “published” decisions can clearly establish the law. And in those same parts of the country, more than 90% of decisions are “unpublished.” A 🧵1/9

12

156

486

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

The notion that the Uvalde officers were worried about the threat of being sued when deciding whether to confront the shooter has no basis in reality. Studies have repeatedly found that the threat of suit is not on most officers’ minds when doing their jobs…

Tweet media one

Tweet media two

2

53

475

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

10 months

This is must-read, stomach churning, shoe-leather reporting about a brutal cop, a police department that looked the other way AGAIN and AGAIN and AGAIN, and barriers like qualified immunity that make justice in even the most egregious cases difficult to find.

@ArijitDSen

Ari Sen

10 months

THREAD: Dallas police ignored a decade of warning signs about Officer Christopher Hess' brutality. Then he killed someone. My latest investigation with @milesmoffeit @danachewy :

19

348

591

6

218

481

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

Qualified immunity has gotten most of the attention in recent debates about police accountability, but I argue in an article now out in @WMLawReview that a bigger problem is the lack of experienced civil rights attorneys - especially outside the cities of the Great Migration.🧵

Tweet media one

17

135

435

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

Here’s a little something I wrote about qualified immunity, in @politico - an essay adapted from my book, Shielded: How the Police Became Untouchable. If you’ve ever wondered what all the fuss is about qualified immunity, give it a read!

Tweet card media

Qualified Immunity Is Burning a Hole in the Constitution

Police officers’ go-to defense against civil suits allows them to violate the Constitution with impunity.

www.politico.com

17

186

431

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

East Cleveland's made news because 16 of its 40 police officers were indicted for excessive force captured on video btw 2018-22. In response, @SIfill_ tweeted: "Not. Bad. Apples." She's so right. Especially because egregious misconduct by E. Cleveland officers is nothing new.🧵

@writerbarton

Gina Barton

1 year

One-third of officers in an Ohio police department hit with civil rights and abuse charges

Tweet media one

15

152

370

10

150

387

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

@ConLawWarrior @lawlibertarian This really made me smile.

2

1

373

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

…and officers are virtually always indemnified when they are sued, and officers aren’t trained about the facts, holdings, or outcomes of most cases. ,

Tweet media one

Tweet media two

2

37

366

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

I appreciate @danepps reference to my research in his @nytimes oped. I agree that abolishing qi is not a cure-all. But I disagree with the conclusion that eliminating qi is "unlikely to alter police behavior." Here's why. 1/7

Tweet card media

Opinion | Abolishing Qualified Immunity Is Unlikely to Alter Police Behavior (Published 2020)

A host of reasons raise questions about the effectiveness of this reform.

www.nytimes.com

10

147

362

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

Defenders of qualified immunity argue officers would be bankrupted without it. That is absolutely untrue, as I’ve shown. Instead, qualified immunity can actually bankrupt people who have had their rights violated. One more reason to hate QI. 🧵👇🏻💥

Tweet card media

Police Indemnification - NYU Law Review

This Article empirically examines an issue central to judicial and scholarly debate about civil rights damages actions: whether law enforcement officials are financially responsible for settlements...

www.nyulawreview.org

@pjaicomo

Patrick Jaicomo

1 year

🧵on another way #QualifiedImmunity hurts victims of abuse. Can you help Anthony Novak?👇 On 2/21, #SCOTUS declined to hear @IJ 's cert petition in Novak v. Parma, challenging #QualifiedImmunity for cops who arrested Anthony for parodying them online. 1/

5

29

55

14

84

365

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Thrilled that my newest article, "Qualified Immunity's Boldest Lie" is now in print. Many many thanks to the fabulous @UChiLRev editors who worked on the article. What IS qualified immunity's boldest lie? Glad you asked. (Thread.)

Tweet media one

13

129

360

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

I’m so thrilled to be able to share my essay in The Atlantic adapted from my forthcoming book #Shielded . Give it a read! Why Police Officers Almost Never Get Punished - The Atlantic ⁦ @VikingBooks ⁩ ⁦ @TheAtlantic ⁩

How the Supreme Court Protects Police Officers

It’s almost impossible to hold them to account.

www.theatlantic.com

10

150

341

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Qualified immunity strikes again. In this case, there actually was a prior court decision holding similar conduct unconstitutional - but the court hadn’t “published” the opinion - even tho it was publicly available - so it couldn’t clearly establish the law.

@radleybalko

Radley Balko

3 years

Cop who led violent, mistaken raid on elderly man gets qualified immunity.

25

137

245

7

144

323

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

8 months

Jury selection starts this morning in the suit brought by Vicki Timpa against the officers who killed her son, Tony after he called 911, seeking their help. Vicki - and her lawyer, Geoff Henley - have fought more than seven years to get to this day.

@billybinion

Billy Binion

10 months

This was Tony Timpa. At 32, he died after cops kneeled on him for 14 min & taunted that he just needed some "tutti-frutti" waffles. You may not have heard his name. But his mom's 7-year, ongoing fight for justice epitomizes how hard it is to hold police accountable. A thread.

Tweet media one

297

8K

31K

1

106

325

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

The California State Assembly is considering #SB731 to make it easier for victims of police misconduct to sue. Opponents say officers will be bankrupted if it passes. But officers are more likely to be struck by lightning than they are to pay $ when they are sued. Call your reps!

10

103

315

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

I am all for discussion and debate what the future of qualified immunity should be. But that discussion and debate needs to rely on facts, not fearmongering.

7

26

310

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

11 months

Terrific and important thread about a terrific and important decision by @AmerMedicalAssn to adopt a resolution calling for an end to qualified immunity - in recognition of the harms caused by police misconduct without accountability.

@leseija

luis seija, md (he/they)

11 months

big update. comprehensive policing reform & greater accountability requires us to address qualified immunity. @AmerMedicalAssn , nation’s largest professional med assn & physician lobby, did just that at #AMAmtg w adoption of res 431 - qi reform in a voice vote by the hod. 🧵

14

29

104

6

114

308

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

This is the moment I have been dreaming of. @ratemyskyperoom

@ratemyskyperoom

Room Rater

@ratemyskyperoom

3 years

Love the art. Colors. Pillow/chair. Books. Presents a strong case. 10/10 @JCSchwartzProf

Tweet media one

2

2

129

9

7

311

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

Here’s my latest for ⁦ @usatodayopinion ⁩ about Tony Timpa, who was killed beneath the knee of a Dallas police officer in 2016. His family’s case was dismissed on qualified immunity grounds - but they just got good news from the 5th circuit.

Tweet card media

He died after a cop kneeled on his neck for 14 minutes. Now, his family can finally sue.

Tony Timpa died after a police officer kneeled on his neck for 14 minutes. A court originally denied his family the right to sue.

www.usatoday.com

4

113

263

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

I wish this was a conclusion so obvious that it didn’t merit celebration. But it isn’t, so it does.

3

71

260

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

@aaronsibarium acknowledges some of these points, but argues that lawsuits can still diminish morale, and then points to several 5th circuit cases that, he says, show the circuit has been “fairly stingy” about granting qualified immunity. Problem is…

3

20

251

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

…encountered his colleague.” In reality, spike strips had been set up to stop Luna, Mullenix had asked for and was denied permission to shoot from the overpass by his supervisor (but did it anyway). The only danger to Mullenix’s colleagues was from Mullrnix’s own gun.

1

24

252

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

…misrepresentations abound in the descriptions of cases used to show the 5th Cir’s supposed lenience in qualified immunity cases. The officer in Mullenix v. Luna is painted as a hero who shot at a dangerous suspect from an overpass “With seconds to go before the suspect…

1

21

238

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

…the Fifth Circuit granted the officers in Winzer qualified immunity! None of these cases encourage officers to hesitate in life and death situations, as the article suggests…

1

17

240

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

2020 was a super productive year for me, and now I have a super silly number of reprints gathering dust in my office. Let me know if you want some summer reading about #qualifiedimmunity , #civilrightsecosystems and/or #bivens .

Tweet media one

20

3

229

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

More than 300 law professors are calling on Congress to #EndQualifiedImmunity and make local governments liable when their officers violate constitutional rights. See the letter here: And sign on here:

Tweet card media

Law Professors' Letter Calling on Congress to Hold Police Accountable

This letter, signed by more than 300 law professors, calls upon Congress to end qualified immunity and create vicarious liability for local government units when their officers violate people's...

11

112

218

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

Help me out with some more examples, @ConLawWarrior , @pjaicomo , @theamirali , @AliLockwoodLLP , @SIfill_ , @ChrisKemmitt , @aar718 …

22

3

217

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

⁦⁦ @aar718 has written an article that blows open Supreme Court claims about the origins of qualified immunity. Don Willett, a 5th circuit Trump-appointee, has taken notice. Terrific article by @adamliptak ⁩ @NYTimes

Tweet card media

16 Crucial Words That Went Missing From a Landmark Civil Rights Law

The phrase, seemingly deleted in error, undermines the basis for qualified immunity, the legal shield that protects police officers from suits for misconduct.

www.nytimes.com

4

88

220

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

Terrific 3rd Circuit decision with a concurrence that goes after qualified immunity, citing my research () showing that police officers don't actually learn the facts & holdings of cases that clearly establish the law. Opinion at .

Tweet media one

5

71

212

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

…shot Gabriel Winzer, who was NOT the suspect they were looking for, within six seconds of seeing him on his bike. Winzer was wearing a blue jacket when the officers were looking for someone wearing a brown shirt. And although this case supposedly chills officers…

1

20

206

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

One of the most damaging aspects of qualified immunity is the notion that plaintiff must find a prior court decision with virtually identical facts to establish officers were on notice of their misconduct. It’s a nearly impossible standard to meet - and ridiculous to boot...2/8

1

27

197

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

⁦Why would ending qualified immunity harm “character-driven, highly competent law enforcement officers”? There’s no 4thA violation for good faith errors, and cities-not officers-pay 99.9% of the time. Reporters, pls ask this of ⁦ @TimScottSC ⁩ ASAP.

Tweet card media

Sen. Tim Scott on race, police reform, and why ending qualified immunity is a nonstarter for the GOP

"I’m a believer in divine intervention. ... I was made Black on purpose and as a person of conservative construct."

7

70

202

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

Civil rights litigators should bookmark @IJ 's Constitutional GPA project. If you're looking to find caselaw to defeat a QI motion you can search by circuit, type of claim, and scenario for clearly established law. Super valuable resource.

Tweet media one

Tweet media two

3

55

203

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

I'm writing a book! And can't wait for you all to read it. With @VikingBooks and @gorgiaonmymind .

Tweet media one

26

24

204

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Cities/counties hire the officers who violate the Constitution, and give them badges and guns. They should pay for the harms officers cause. We also need to hold officers accountable. Tim Scott’s proposal addresses the first concern. We can find other ways to address the second.

13

21

202

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

The description of the facts in Cole v. Carson is equally off base, claiming police told Cole to drop his weapon and he refused, then fled into a bush, emerged with his gun to his head and turned toward police. That wasthe officers’ story, but was contradicted by a body mic…

1

17

201

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Officers’ bank accounts are protected not by qualified immunity, but by indemnification statutes and policies that require local governments to pay for attorneys for their officers and any settlements or judgments entered against them.

2

50

192

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

Almost 400 law professors have joined a letter calling on Congress to #EndQualifiedImmunity . Congress is headed back into session Monday. Wouldn't it be great if 500 professors signed on by then? The letter's here. … Sign on here:

Tweet card media

Law Professors' Letter Calling on Congress to Strengthen Constitutional Protections

This is an unprecedented moment in the history of our country, and decisive action must be taken to restore faith in government and the police. The undersigned law professors call upon Congress to...

docs.google.com

6

60

193

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

…that revealed the officers gave Cole no warning before shooting him, and forensic evidence that showed Cole’s gun was at his own temple when he was shot. And in Winzer, described as a case where “police shot a suspect who was bicycling toward them with a gun,” police actually…

1

19

191

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

AG Barr echoes the dominant defense of qualified immunity: ending QI would bankrupt officers for good faith mistakes. But indemnification rules, not QI, shield officers from financial liability. 4th Amendment law, not QI, shields officers from liability for good faith errors.

@cjciaramella

CJ Ciaramella

4 years

Here's Attorney General Barr in a speech today to a police conference in New Orleans, talking about how great qualified immunity is, and how the real solution to excessive force is STOP RESISTING

Tweet media one

39

195

361

5

55

191

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

I've got a new qualified immunity working paper, showing that the Supreme Court's insistence on factually similar precedent to "clearly establish" the law misunderstands the role of court opinions in police training and decisionmaking. Comments welcome! .

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

Much has been written about the need to reconsider qualified immunity. I'm working on a paper offering another reason to do so: Plaintiffs can only defeat qi with cases holding almost identical conduct unconstitutional. But officers don't read or rely on these types of cases.1/6

1

11

44

10

60

188

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

And for the cases themselves: Kelsay v Ernst, ; Jessop v City of Fresno, , and there are so many more.

5

7

186

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Terrific piece by @kimberlykindy about failed efforts in many state legislatures to end qualified immunity. A key point, though, that can’t be overlooked: claims that officers will be bankrupted for good faith mistakes that have been used to kill these bills…ARE NOT TRUE.

@kimberlykindy

kimberly kindy

3 years

After George Floyd's death, state legislators pushed to end qualified immunity, which largely protects officers from civil rights lawsuits. But bills in at least 35 states have now died under pressure from police and unions.

9

137

178

6

76

183

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

8 months

Someone please explain to me why the top paid and third-highest paid police officials in the state of California are employees of the Vallejo Police Department. (Read Chapter 6 of @ShieldedBook or years’ worth of coverage in @OpenVallejo if you need context for this request.)

@GalvinAlmanza

Emily Galvin-Almanza

8 months

OK I deleted the screen grab I took of the top police salaries from California in 2022. It feels weird to have a big list of the names of cops making like $900k. But you can get that list yourself at And it looks like this

Tweet media one

13

68

139

10

74

186

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

Defenders of qualified immunity always say eliminating it will hurt good cops. But they ignore the 4thA - which protects reasonable mistakes - and indemnification agreements - which almost always shield officers from financial liability. Saying something doesn't make it true.

@jay_schweikert

Jay Schweikert

@jay_schweikert

4 years

To be clear, this is nonsense. Qualified immunity only matters when an officer *has* violated someone's rights. Which basically means, by definition, that the officer did not "act reasonably." And QI absolutely protects "bad cops," so long as they're bad in a new way.

9

193

705

3

67

174

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

But there was a SCOTUS decision in 2002, Hope v. Pelzer, in which the Court said a prior decision was unnecessary when the violation was obvious. This decision has been largely ignored by the Court until today, in its decision in Taylor v. Riojas. 4/8

1

17

167

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Here are slides I've used when testifying in favor of state bills creating a cause of action for civil rights violations without qualified immunity - to counter arguments that officers will be bankrupted for good faith mistakes and that frivolous lawsuits will flood the courts.

5

65

172

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

I've written a short primer on qualified immunity and why the Supreme Court or Congress should #EndQualifiedImmunity . Now. Perspective | Suing police for abuse is nearly impossible. The Supreme Court can fix that.

Tweet card media

Perspective | Suing police for abuse is nearly impossible. The Supreme Court can fix that.

Plaintiffs can't win a suit unless they can find a prior case almost exactly like theirs.

www.washingtonpost.com

9

97

164

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

This story makes my blood boil. It’s a perfect, horrifying complement to ⁦ @strawburriez ⁩’s extraordinary book, We Were Once a Family. Both tell of white, privileged monsters allowed to abuse black and brown children for years without consequence.

Tweet card media

A Santa Monica police employee molested more than 200 kids. Warnings of abuse were ignored

Santa Monica this week settled more lawsuits, bringing its total payout to $229.285 million — the most costly single-perpetrator sexual abuse disbursement for any municipality in the state.

www.latimes.com

3

76

165

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

I can't tell you how many people have relied my research--finding that fewer than 4% of police misconduct cases are dismissed on qualified immunity--to argue qi doesn't matter & ending it wouldn't matter. I DISAGREE & have explained many times why this conclusion is wrong. A 🧵

12

41

161

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

@lawlibertarian That may sound reasonable….but it bears ZERO relationship to what qualified immunity is.

1

0

162

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

Read why twelve scholars across the ideological and methodological spectrum - myself included - believe it’s time for the Supreme Court to reconsider qualified immunity. Arguments against the doctrine - and the number of courts and scholars opposed to it - are steadily growing.

@WilliamBaude

William Baude

4 years

Should Police Be Immune from Liability for Grenading a House?

4

10

22

3

51

161

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

I've got a new draft, "Municipal Immunity," examining how § 1983 municipal liability claims fare in almost 1200 cases & comparing those outcomes with qualified immunity challenges. Available for 👀 at . In a nutshell: As bad as QI is, Monell is worse.

Tweet media one

7

53

159

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

I'm reviewing & coding police misconduct case dockets for a new project and, whew. Our system far too regularly makes people shoulder the costs of devastating harms inflicted by government. Not a new insight, but reading 100s of dismissal decisions really drives the point home.

6

38

155

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

👇🏻🔥 Terrific, must-read story about an unconscionable practice by California law enforcement, promoted by @Lexipol , a private company that provides policies and trainings to thousands of agencies across the country, and almost all CA agencies. Also…

@SteelandBallast

Brian Howey

@SteelandBallast

1 year

After police killings, law enforcement agencies across California have been trained to keep news of the death from family members while collecting information that is used to protect the involved officers and their department. For @latimes :

3

233

311

4

100

155

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 months

Here's the thing, though. Police officers don't read court decisions. They learn about general legal standards of and then get comfortable applying those standards. So requiring plaintiffs to find identical prior facts makes no sense. 6/10

Tweet media one

2

35

154

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

11 months

You should take the time you need to read every word of this thread, if you can't read every word of the DOJ's report about the Minneapolis police department. Absolutely devastating.

@radleybalko

Radley Balko

11 months

DOJ just released the report from its two-year investigation of the Minneapolis police department. Here's a thread of notable excerpts. This first one happened *while a DOJ investigator was on a ride-along.*

Tweet media one

162

5K

12K

6

78

152

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

10 months

Justice Sotomayor channeled my rage in two dissents to denials of cert in qualified immunity cases, issued today. Read ‘em and weep.

7

40

146

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

7 months

Solutions? Joseph Mattis writes that judges have an ethical obligation to publish decisions that find constitutional violations. I would be fine allowing unpublished decisions to clearly established law. Either would improve-though hardly fix-the current state of affairs. 9/9

3

18

150

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Here’s a quick primer on how qualified immunity and indemnification relate: QI protects by requiring cases be dismissed if no prior court decision “clearly establishes” the law. Indemnification protects by requiring local governments to pay if their officers are found liable.1/5

@MarshallProj

The Marshall Project

3 years

Experts say it is unlikely that many police officers will have to empty their bank accounts to pay for bad behavior. Insurance companies and taxpayers are more likely to be on the hook.

5

20

24

2

55

148

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

It’s amazing to have a galley of #Shielded in my hands! Preorder yours at and you’ll have it on 2/14/23. Nothing says ❤️’s Day like a book showing how the Supreme Court & local gov’ts have erected a phalanx of shields protecting police from accountability.

Tweet media one

26

51

147

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Qualified immunity currently slams the courthouse doors against plaintiffs unless they can find a prior court case with virtually identical facts. It increases the costs and complexity of civil rights litigation. It obscures the contours of the Constitution. It is bad bad bad.

1

13

141

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Limiting police power to use force is key to reform. But Lexipol-a private company writing police policies for 1/5th of U.S. agencies-is undermining these efforts. Read all about it in Lexipol's Fight Against Police Reform, forthcoming @IndianaLJ , by me & the great @Ingrid_Eagly

Tweet media one

5

61

136

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

Six other circuits - every circuit to have weighed in on the issue - have concluded that there is a First Amendment right to record, and the 10th Circuit relied on those decisions in ruling the right is clearly established today. But this victory is proof of the harms of qi…

2

20

136

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Some may oppose Sen. Scott’s proposal because it means individual officers won’t be held accountable. We absolutely need to find ways to increase officer accountability - by, for example, changing union protections that make it difficult to fire bad officers.

5

15

131

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

It's high time to #EndQualifiedImmunity . But what impact would ending qi have? Some say qi is responsible for the horrors of the past weeks, some say other barriers to accountability mean little would change. I say both are somewhat right. This thread explains why. 1/6

3

47

136

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

Defenders of qualified immunity often argue we don’t need more power to sue officers because departments uncover wrongdoing in internal affairs investigations and discipline/fire officers who violate law/policy. Those who espouse this view have to contend with this thread 👇🏻.

@ericuman

Eric Umansky

1 year

Police investigations into police killings are usually a black box But @michaelhayes & I found how NYPD investigated itself after an officer killed a man, Kawaski Trawick, who was home alone We got audio interviews w/ the officers Listen as the blue wall of silence is built 👇🏻

60

2K

4K

6

55

132

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

...because officers aren’t actually educated about the facts and holdings of these cases (so they aren’t actually on notice of these decisions.) . 3/8

1

10

127

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

Taylor v. Riojas is a shocking case - a prisoner was kept in a cell covered with feces for six days. It may feel like a small victory to have SCOTUS reverse dismissal. But the Court also makes clear in its decision that Hope is still good law. 5/8

1

12

125

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

4 years

PS Justice Alito’s dissent in Taylor - arguing that the Court shouldn’t have summarily reversed because that’s not what SCOTUS does (when that is precisely how the Court has decided most of its QI cases) deserves its own thread. 7/8

2

15

127

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

When settlements and judgments come from the central budget - as they do in NYC - there is no financial incentive for police departments or city attorneys to do the right thing. And apparently no moral one either. #Shielded

5

33

127

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Sen. Tim Scott’s proposal - requiring the city to bear the costs of these suits, instead of officers - would make transparent what already happens in over 99% of cases, while avoiding strategic use of the threat indemnification might be denied.

1

14

125

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

The 139-page complaint in Tyre Nichols's family's lawsuit is unusually detailed in its allegations against the chief and the Memphis police department. A few possible explanations why:

@washingtonpost

The Washington Post

@washingtonpost

1 year

Breaking news: Lawyers for Tyre Nichols’s family filed a civil lawsuit against the city of Memphis, its police department, Police Chief Cerelyn Davis and the officers involved in the brutal beating of the 29-year-old following a traffic stop in January.

26

228

814

4

36

126

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

1 year

@homo_placidus @lawlibertarian True. For more on this point:

3

4

125

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

One of the justifications for qualified immunity is to shield officers from financial liability in civil rights cases. But QI isn’t necessary to serve this role because officers virtually never pay anything in settlements and judgments even when plaintiffs can overcome QI.

1

11

122

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 years

…we have had cameras on phone in the US for 20 years. The law about the constitutional right to record government is still unsettled, two decades later. And that is in no small part because QI allows courts to dismiss claims without ruling on their constitutionality…

1

20

121

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

2 months

The inanity of the belief that officers read & retain thousands of court decisions & then distinguish among them when deciding whether to act is Illustrated by the court's analysis in Zion, a 9th circuit decision that plaintiffs argued clearly established the law. 7/10

Tweet media one

Tweet media two

1

18

123

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

But we should not push for accountability by making individual officers personally responsible for the entirety of damages awards. Derek Chauvin could never have paid the family of George Floyd the $27 million they were awarded.

7

17

115

@JCSchwartzProf

Joanna Schwartz

@JCSchwartzProf

3 years

Civil rights suits & payouts are important - but overlooked - sources of info about police misconduct. This bill, requiring public disclosure of payouts, is a good idea. The public could see how much they are paying, for which types of claims, and from which stations in NYC.

@deray

deray

3 years

State senate bill would require NYC to disclose details of NYPD settlements

16

165

949

2

28

120