Professor Macfarlane's Use of Force Scholarship Cited in Qualified Immunity Opinion
August 10, 2020
Professor Macfarlane's article Accelerated Civil Rights Settlements in the Shadow of Section 1983 was cited by Judge Carlton Reeves of the Southern District of Mississippi, whose opinion in Jamison v. McClendon criticizes qualified immunity. Judge Reeves' opinion urges the Supreme Court to revisit the doctrine, and centers the victims of police violence. As CNN reports, "[i]n each line of the opening to Reeves' opinion, the judge outlines fatal and nonfatal encounters often between Black Americans and police officers, naming victims in the footnotes." Professor Macfarlane is a leading expert on excessive force litigation. This summer, she was interviewed by USA Today about the murder of Rayshard Brooks in Atlanta, and discussed police training and racial justice on Boise Public Radio's Idaho Matters. Her essay Foreseeable Police Shootings was published in the Columbia Law Review Forum in January.