The use of the kind of chokehold that killed George Floyd last year should, according to constitutional law scholar Erwin Chemerinsky, be a clear-cut violation of the Fourth Amendment's ban on excessive police force. But as Chemerinsky explains in his new book "Presumed Guilty," chokeholds remain in use in most of the United States because of a decades-old Supreme Court decision that tightly restricts federal lawsuits challenging police misconduct. We'll talk about the judicial doctrines that enable illegal police behavior and how to reform them.
Erwin Chemerinsky on How the Courts Enable Police Misconduct
Erwin Chemerinsky (photo courtesy of W.W. Norton & Co.)
Erwin Chemerinsky, Dean, UC Berkeley School of Law; author, "Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights"