“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection.” Marbury, 5 U.S. (1 Cranch) at 163. Yet qualified immunity subverts this axiom and exacerbates our accountability crisis by denying justice to victims of unconstitutional misconduct, while harming the very law-enforcement officers it seeks to protect.
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