Reconsidering Qualified Immunity
Justice Thomas wrote an important concurring opinion today in Ziglar v. Abbasi. He argues there that the Court should (in an appropriate case) reconsider qualified immunity law by asking whether the decisions in this area should be more closely tied to the common law of official immunity when Section 1983 was enacted in 1871. This would mean less immunity (overall) than is given now.
I emphatically with the need for reconsideration, and probably with Justice Thomas’s analysis on the merits (though I’d want to think about that some more). At a minimum, this might stimulate further research into Reconstruction-era tort law.