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.

Read More

Coates v. Dassault Falcon Jet Corp.

Docket: 19-2167

Opinion Date: June 10, 2020

Judge: James B. Loken

Areas of Law: Labor & Employment Law

Plaintiffs filed suit alleging that Falcon Jet violated the Fair Labor Standards Act and the Arkansas Minimum Wage Act when it failed to pay team leaders and production liaisons not less than one and one-half times their regular rates for hours worked in excess of forty per week after June 6, 2014. Sixteen other team leaders and production liaisons joined the action. Falcon Jet claimed exemptions for executive or administrative employees and highly-compensated employees. The district court held that the exemptions do not apply and awarded plaintiffs liquidated damages. The Eighth Circuit reversed and held that the district court erred in granting plaintiffs summary judgment on the limited record, because the record did not establish that every plaintiff was not an exempt employee for the entire period at issue. Accordingly, the court remanded for further proceedings.