Allah v. Milling

Brief of Cross-Ideological Group Dedicated to Ensuring Official Accountability, Restoring the Public’s Trust in Law Enforcement, and Promoting the Rule of Law as Amici Curiae in Support of Petitioner (on petition for a writ of certiorari), including Cato, NACDL, and numerous others listed in the appendix.

Brief filed: 07/11/2018


Allah v. Milling

United States Supreme Court; Case No. 17-8654

Prior Decision

Decision below 876 F.3d 48 (2nd Cir. Nov. 22, 2017)


Qualified immunity regularly denies justice to those deprived of federally guaranteed rights. Official misconduct is a pressing public concern, and Section 1983 liability is often the law’s only mechanism for remedying it. Qualified immunity regularly excuses law enforcement for unconstitutional misconduct. Qualified immunity imposes prohibitive and unjustified costs on civil-rights litigants. Qualified immunity harms law enforcement officials by eroding public trust and undermining the rule of law.


Catherine E. Stetson, Nicholas S. Brod, and Kyle Druding, Hogan Lovells US LLP, Washington, DC; Jeffrey T. Green, NACDL, Washington, DC.

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