I'm not a lawyer, but I think qualified immunity should not apply to constitutional violations. Giving an opt-out for those violations is antithetical to the very substance of our (US) constitution.
Qualified Immunity should not apply ever. Period. No one should be above the law for any reason ever.
yup, i think a majority of people would agree with you, so why hasn't it happened? I think the answer is that elected representatives are more beholden to public sector unions than their constituents.
It's weird to me that courts don't at-least attempt to review if the conduct was in good faith and plausibly reasonable given the facts know at the time.
The idea that officials aren't personally liable for mistakes made in good faith isn't bad. But somehow the US tends to produce a lot of cases where good faith requires a lot of faith :)