Give me an example of an LEO violating a constitutional right and the courts not knowing what to do. OK, the
11th Circuit recently concluded that a reasonable jury could conclude that this shooting was unreasonable and therefore unconstitutional. Qualified impunity applies because there was no previous case along the same lines, despite the fact that it's reasonable to conclude constitutional rights were violated.
In another case,
officers stole $225,000 during a search. The 9th Circuit had this to say:
Though "the City Officers ought to have recognized that the alleged theft was morally wrong," the unanimous 9th Circuit panel said, the officers "did not have clear notice that it violated the Fourth Amendment." Ya think? They sure as hell ought to have recognized that stealing hundreds of thousands of dollars is wrong,but alas, that kind of "clear notice" only comes from a prior case with nearly identical facts, so as long as govt employees are creative and find new ways to violate rights, they're good to go under QI.