Amelia A. Friedman

90 Texas L. Rev. 1283

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Ms. Amelia Friedman dissects the clearly-established-law requirement in the qualified immunity doctrine in Section 1983 cases.  Friedman introduces the idea of the obvious case—in which precedents demonstrate a rule clear enough to put an officer on notice, even in the absence of directly similar facts—and argues that courts should incorporate it into the doctrine of qualified immunity in order to more fairly balance the interests of plaintiffs and public-official defendants in Section 1983 cases.  While Friedman notes that a workable standard for the obvious case has yet to be developed, she contends that, in light of the Fifth Circuit approach, the failure to account for obvious cases unfairly shields officials from liability when they have clearly violated constitutional rights.