The Bigger Picture: Qualified Immunity and Its Impact
This case is yet another example of the deep flaws in the qualified immunity doctrine. While the Supreme Court insists the rule is needed to prevent frivolous lawsuits against officers, research suggests it does little to achieve that goal. Schwartz’s studies indicate that most excessive force claims are not dismissed on qualified immunity grounds.
And here’s a reality check: even when officers are found liable, they rarely pay out of pocket. Studies show that police departments and cities almost always foot the bill. So, the idea that officers are constantly at risk of personal financial ruin? It’s a myth.
The bigger danger isn’t to officers — it’s to communities. When qualified immunity is applied too broadly, it shields bad cops just as much as good ones. And in cases like Dominguez’s, it prevents families from getting justice.
As for Alito’s outrage? It’s misplaced. The courts ruled in favor of Dominguez’s widow because they were right to do so. And if you ask Dominguez’s children, they’d probably tell you that $1 million isn’t nearly enough.
