Exploring New Approaches to Unsettled Legal Questions

Tag: Civil Rights Law

Reaffirming the ADA’s Promise: Disability Accommodation During Arrests

by Andrew Breland*

How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Andrew Breland (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.

Rethinking Qualified Immunity: Making America Accountable Again

by Victoria del Rio-Guarner*

Should the qualified immunity doctrine be revisited to better allow civilians to sue government officials for violations of fundamental rights? In this Contribution, Victoria del Rio-Guarner (’18) discusses how the Supreme Court’s decisions in Harlow v. Fitzgerald and Pearson v. Callahan essentially rendered qualified immunity to Section 1983 claims unqualified. This Contribution argues that qualified immunity doctrine should be recalibrated in order to better fulfill its underlying purpose while not disabling Section 1983 claims.

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