The Supreme Court declined Monday to weigh in on several cases that challenged law enforcement’s shield from legal liability while on the job, as well as legal battles involving the Second Amendment.
Justice Clarence Thomas, though, would have heard one of the qualified immunity challenges involving Alexander Baxter who was caught breaking into a house but apprehended by a police dog that bit him.
He sued the officers, saying they used excessive force.
The federal appeals court ruled even if the law enforcement’s conduct violated Baxter’s constitutional rights, they were shielded from liability because of qualified immunity. Baxter attempted to get the high court to weigh in but it declined.
Justice Thomas, though, reasoned the court should have heard the case to reevaluate its qualified immunity doctrine.
“There … may be no justification for a one-size-fits-all, subjective immunity based on good faith,” Justice Thomas wrote.
Justice Thomas, joined by Justice Brett M. Kavanaugh, also disagreed with the majority of the court’s decision not to hear cases involving the Second Amendment in a challenge out of New Jersey and its laws regarding license to carry.
Justice Thomas said “the Court simply looks the other way” when evaluating Second Amendment rights.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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