Hot Sun I’m Norwegian Ya Sure You Betcha Minnesota Shirt

 Under qualified immunity doctrine, an official Sun I’m Norwegian Ya Sure You Betcha Minnesota Shirt is immune unless the right they violated was "clearly established," usually meaning there is a statute or case law describing THIS EXACT SITUATION (read VERY strictly) saying you can't do that. The 7th Circuit had never before specifically said "Handcuffing an out-of-breath arrestee's hands behind his back violates the 4/5/8/14/etc. Amendment," so the right was not "clearly established," so the officer is immune. It's the correct ruling under the doctrine. It's just that the doctrine sucks donkey balls. I wrote a 50-page paper over 1983 suits and Bivens actions for law school, and it was shocking how many plaintiffs lose what I saw as easy cases because of qualified immunity. The doctrine needs to be abolished by legislation, immediately. 

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