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The Use of ‘Ultra-Particularity’ to Invoke Qualified Immunity

A Substantial Threat to Civil Rights Claims and a Potentially Fatal Blow to Eighth Amendment Claims

The author discusses “ultra-particularity” – a clever tool used to invoke qualified immunity and shield officers and jailers from liability. The article explores Supreme Court and circuit court opinions, and what it takes to prevail on a claim outside of the more commonplace excessive force claims.