Joanna Schwartz
@jcschwartzprof.bsky.social
Honorable Harry Pregerson Professor of Law, UCLA. Civil rights, police accountability, civil procedure. Author of Shielded: How the Police Became Untouchable (2023). Learn more at: joannaschwartz.net
Pinned
Police officers almost never pay settlements & judgments against them, but are denied indemnification more often than payout data suggests. This great @themarshallproject.org story describes two recent cases & here's my new draft article examining this phenomenon 👇
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
The brazenness with which ICE violates the law (described in @radleybalko.bsky.social’s excellent piece) is a byproduct of zero civil & criminal accountability for officers. Part of the explanation is Trump’s lawlessness. But ICE officers have no reason to fear consequences for crossing the line.
Excellent @radleybalko.bsky.social piece on why what we are seeing in Minneapolis is, in fact, something qualitatively different than the police violence that happens all too often.
This struck me as a key line: the OPEN contempt for accountability. Such explicitness matters.
This struck me as a key line: the OPEN contempt for accountability. Such explicitness matters.
January 21, 2026 at 4:08 PM
The brazenness with which ICE violates the law (described in @radleybalko.bsky.social’s excellent piece) is a byproduct of zero civil & criminal accountability for officers. Part of the explanation is Trump’s lawlessness. But ICE officers have no reason to fear consequences for crossing the line.
Reposted by Joanna Schwartz
Excellent @radleybalko.bsky.social piece on why what we are seeing in Minneapolis is, in fact, something qualitatively different than the police violence that happens all too often.
This struck me as a key line: the OPEN contempt for accountability. Such explicitness matters.
This struck me as a key line: the OPEN contempt for accountability. Such explicitness matters.
January 21, 2026 at 1:20 PM
Excellent @radleybalko.bsky.social piece on why what we are seeing in Minneapolis is, in fact, something qualitatively different than the police violence that happens all too often.
This struck me as a key line: the OPEN contempt for accountability. Such explicitness matters.
This struck me as a key line: the OPEN contempt for accountability. Such explicitness matters.
Reposted by Joanna Schwartz
Very interesting forthcoming article on state constitutional equivalents to the 4th Amendment, and how state courts do and don't interpret them, from Quinn Yeargain.
papers.ssrn.com/sol3/papers.... #N
papers.ssrn.com/sol3/papers.... #N
January 21, 2026 at 5:38 AM
Very interesting forthcoming article on state constitutional equivalents to the 4th Amendment, and how state courts do and don't interpret them, from Quinn Yeargain.
papers.ssrn.com/sol3/papers.... #N
papers.ssrn.com/sol3/papers.... #N
Reposted by Joanna Schwartz
Scrubs but it’s public defenders and legal aid attorneys has legs
January 21, 2026 at 1:45 AM
Scrubs but it’s public defenders and legal aid attorneys has legs
January 19, 2026 at 12:10 AM
Reposted by Joanna Schwartz
"Claim all the room there still is for speaking, writing, publishing, protesting, voting.
It’s what the people of Minnesota appear to be doing, and it’s something each of us needs to do — right now, while we still can..."
www.nytimes.com/2026/01/18/o...
It’s what the people of Minnesota appear to be doing, and it’s something each of us needs to do — right now, while we still can..."
www.nytimes.com/2026/01/18/o...
Opinion | One Year of Trump. The Time to Act Is Now, While We Still Can.
www.nytimes.com
January 18, 2026 at 9:53 PM
"Claim all the room there still is for speaking, writing, publishing, protesting, voting.
It’s what the people of Minnesota appear to be doing, and it’s something each of us needs to do — right now, while we still can..."
www.nytimes.com/2026/01/18/o...
It’s what the people of Minnesota appear to be doing, and it’s something each of us needs to do — right now, while we still can..."
www.nytimes.com/2026/01/18/o...
Reposted by Joanna Schwartz
Update:
The admin is moving to quickly deport witnesses who saw ICE detainee die.
They say the man was just trying to get his meds.
ICE guards shackled him
Then they choked him.
The admin moved to deport the witnesses — right after they spoke to WaPo.
www.washingtonpost.com/immigration/...
The admin is moving to quickly deport witnesses who saw ICE detainee die.
They say the man was just trying to get his meds.
ICE guards shackled him
Then they choked him.
The admin moved to deport the witnesses — right after they spoke to WaPo.
www.washingtonpost.com/immigration/...
January 18, 2026 at 2:54 PM
Update:
The admin is moving to quickly deport witnesses who saw ICE detainee die.
They say the man was just trying to get his meds.
ICE guards shackled him
Then they choked him.
The admin moved to deport the witnesses — right after they spoke to WaPo.
www.washingtonpost.com/immigration/...
The admin is moving to quickly deport witnesses who saw ICE detainee die.
They say the man was just trying to get his meds.
ICE guards shackled him
Then they choked him.
The admin moved to deport the witnesses — right after they spoke to WaPo.
www.washingtonpost.com/immigration/...
Reposted by Joanna Schwartz
What if he invades Minnesota
Rep Don Bacon (R-NE) says he anticipates that Trump will be impeached if he invades Greenland. omaha.com/news/local/g...
Rep. Don Bacon says House could impeach Trump if U.S. invades Greenland
Rep. Don Bacon tells The World-Herald that there would be GOP support for an impeachment of Donald Trump if the U.S. invaded Greenland.
omaha.com
January 15, 2026 at 4:11 AM
What if he invades Minnesota
Reposted by Joanna Schwartz
Reposted by Joanna Schwartz
DHS getting basic 4th Amendment law wrong on its official Twitter account.
Seems like this post is bound to show up as an exhibit in one of the cases challenging ICE/Border Control enforcement actions.
Seems like this post is bound to show up as an exhibit in one of the cases challenging ICE/Border Control enforcement actions.
January 17, 2026 at 6:57 PM
DHS getting basic 4th Amendment law wrong on its official Twitter account.
Seems like this post is bound to show up as an exhibit in one of the cases challenging ICE/Border Control enforcement actions.
Seems like this post is bound to show up as an exhibit in one of the cases challenging ICE/Border Control enforcement actions.
Reposted by Joanna Schwartz
@startribune.com:
Federal judge bars ICE agents from ‘retaliating’ against protesters in Minnesota
By Elliot Hughes
The injunction filed Jan. 16 follows a lawsuit brought by six Minnesota residents during the early days of Operation Metro Surge last month.
Gift link! @elliotshughes.bsky.social
Federal judge bars ICE agents from ‘retaliating’ against protesters in Minnesota
By Elliot Hughes
The injunction filed Jan. 16 follows a lawsuit brought by six Minnesota residents during the early days of Operation Metro Surge last month.
Gift link! @elliotshughes.bsky.social
Federal judge bars ICE agents from ‘retaliating’ against protesters in Minnesota
The injunction filed Jan. 16 follows a lawsuit brought by six Minnesota residents during the early days of Operation Metro Surge last month.
www.startribune.com
January 17, 2026 at 3:27 AM
@startribune.com:
Federal judge bars ICE agents from ‘retaliating’ against protesters in Minnesota
By Elliot Hughes
The injunction filed Jan. 16 follows a lawsuit brought by six Minnesota residents during the early days of Operation Metro Surge last month.
Gift link! @elliotshughes.bsky.social
Federal judge bars ICE agents from ‘retaliating’ against protesters in Minnesota
By Elliot Hughes
The injunction filed Jan. 16 follows a lawsuit brought by six Minnesota residents during the early days of Operation Metro Surge last month.
Gift link! @elliotshughes.bsky.social
Renee Good’s Family Should Be Able to Sue the Officer Who Killed Her www.nytimes.com/2026/01/14/o...
Opinion | Renee Good’s Family Should Be Able to Sue the Officer Who Killed Her
www.nytimes.com
January 15, 2026 at 2:55 AM
Renee Good’s Family Should Be Able to Sue the Officer Who Killed Her www.nytimes.com/2026/01/14/o...
Yes yes yes yes yes 👇🏻👇🏻👇🏻👇🏻
It would take a two-word amendment to 42 U.S.C. § 1983 to subject ICE agents and other federal law enforcement officers to the same liability for constitutional violations that local and state officers currently face.
If Congress actually cared about what it's seeing, it could pass that overnight.
If Congress actually cared about what it's seeing, it could pass that overnight.
January 13, 2026 at 1:12 AM
Yes yes yes yes yes 👇🏻👇🏻👇🏻👇🏻
Reposted by Joanna Schwartz
It would take a two-word amendment to 42 U.S.C. § 1983 to subject ICE agents and other federal law enforcement officers to the same liability for constitutional violations that local and state officers currently face.
If Congress actually cared about what it's seeing, it could pass that overnight.
If Congress actually cared about what it's seeing, it could pass that overnight.
January 12, 2026 at 10:56 PM
It would take a two-word amendment to 42 U.S.C. § 1983 to subject ICE agents and other federal law enforcement officers to the same liability for constitutional violations that local and state officers currently face.
If Congress actually cared about what it's seeing, it could pass that overnight.
If Congress actually cared about what it's seeing, it could pass that overnight.
Reposted by Joanna Schwartz
"The veteran said he saw volunteering as an ICE observer as another way of serving his country.
'It’s the most American thing to do: not to be scared of people trying to scare you...
This is a pivotal moment we’ll be asked about by our kids, "Where were you?"
www.washingtonpost.com/immigration/...
'It’s the most American thing to do: not to be scared of people trying to scare you...
This is a pivotal moment we’ll be asked about by our kids, "Where were you?"
www.washingtonpost.com/immigration/...
They say they’re monitoring ICE arrests. Feds say they’re breaking the law.
The fatal shooting of Renée Good last week, as ICE officers and residents faced off on a Minneapolis street here, has brought new attention to ICE monitoring.
www.washingtonpost.com
January 12, 2026 at 7:12 PM
"The veteran said he saw volunteering as an ICE observer as another way of serving his country.
'It’s the most American thing to do: not to be scared of people trying to scare you...
This is a pivotal moment we’ll be asked about by our kids, "Where were you?"
www.washingtonpost.com/immigration/...
'It’s the most American thing to do: not to be scared of people trying to scare you...
This is a pivotal moment we’ll be asked about by our kids, "Where were you?"
www.washingtonpost.com/immigration/...
Reposted by Joanna Schwartz
"Here are the demands we all need to make: Use the National Guard to protect our citizens. Arrest agents who commit crimes. Charge police, National Guard, and ICE with crimes when they commit or refuse to stop them. . . . Do it now."
cmarmitage.substack.com/p/my-first-7...
cmarmitage.substack.com/p/my-first-7...
My First 72 Hours in Minneapolis and How I Got an ICE Agent to Scream “MAKE AMERICA GREAT AGAIN”
The activists on the ground are doing the work, that should give you hope.
cmarmitage.substack.com
January 12, 2026 at 5:18 PM
"Here are the demands we all need to make: Use the National Guard to protect our citizens. Arrest agents who commit crimes. Charge police, National Guard, and ICE with crimes when they commit or refuse to stop them. . . . Do it now."
cmarmitage.substack.com/p/my-first-7...
cmarmitage.substack.com/p/my-first-7...
Reposted by Joanna Schwartz
This shouldn't be hard.
Let's poll: "Do you support a bill that lets someone sue for damages if a federal officer violates their [clearly established] rights under the U.S. Constitution?"
I doubt most people realize SCOTUS has said you can't sue in most cases now ("clearly established" or not).
Let's poll: "Do you support a bill that lets someone sue for damages if a federal officer violates their [clearly established] rights under the U.S. Constitution?"
I doubt most people realize SCOTUS has said you can't sue in most cases now ("clearly established" or not).
@repdangoldman.bsky.social @ericswalwell.bsky.social I admire your efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
Instead of accountability, the Trump admin deflects & smears victims of their agencies’ militarized violence.
My ICE OUT Act with @ericswalwell.bsky.social will end current qualified immunity standard for ICE agents who abuse their authority, ensuring accountability for those on the receiving end.
My ICE OUT Act with @ericswalwell.bsky.social will end current qualified immunity standard for ICE agents who abuse their authority, ensuring accountability for those on the receiving end.
January 12, 2026 at 3:06 PM
This shouldn't be hard.
Let's poll: "Do you support a bill that lets someone sue for damages if a federal officer violates their [clearly established] rights under the U.S. Constitution?"
I doubt most people realize SCOTUS has said you can't sue in most cases now ("clearly established" or not).
Let's poll: "Do you support a bill that lets someone sue for damages if a federal officer violates their [clearly established] rights under the U.S. Constitution?"
I doubt most people realize SCOTUS has said you can't sue in most cases now ("clearly established" or not).
Reposted by Joanna Schwartz
@repdangoldman.bsky.social @ericswalwell.bsky.social I admire your efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
Instead of accountability, the Trump admin deflects & smears victims of their agencies’ militarized violence.
My ICE OUT Act with @ericswalwell.bsky.social will end current qualified immunity standard for ICE agents who abuse their authority, ensuring accountability for those on the receiving end.
My ICE OUT Act with @ericswalwell.bsky.social will end current qualified immunity standard for ICE agents who abuse their authority, ensuring accountability for those on the receiving end.
As the Minneapolis killing gets darker for Trump, Reps Eric Swalwell and Dan Goldman talk about their plan to check ICE—and about Trumpworld’s broader plunge into violence and lawlessness.
"Trump has sent these mother-murdering thugs into our community." trib.al/snLrhRO
"Trump has sent these mother-murdering thugs into our community." trib.al/snLrhRO
January 12, 2026 at 5:52 AM
@repdangoldman.bsky.social @ericswalwell.bsky.social I admire your efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
Reposted by Joanna Schwartz
I admire these efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
"Swalwell, Goldman to offer bill stripping ICE agents of qualified immunity"
@thehill.com picks up our pod interview with Reps Eric Swalwell and Dan Goldman:
thehill.com/homenews/hou...
@thehill.com picks up our pod interview with Reps Eric Swalwell and Dan Goldman:
thehill.com/homenews/hou...
January 12, 2026 at 5:55 AM
I admire these efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
I admire these efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
"Swalwell, Goldman to offer bill stripping ICE agents of qualified immunity"
@thehill.com picks up our pod interview with Reps Eric Swalwell and Dan Goldman:
thehill.com/homenews/hou...
@thehill.com picks up our pod interview with Reps Eric Swalwell and Dan Goldman:
thehill.com/homenews/hou...
January 12, 2026 at 5:55 AM
I admire these efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
I admire these efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
NEWS --> Reps Eric Swalwell and Dan Goldman are introducing a new bill to strip ICE officers of qualified immunity, making lawsuits and prosecutions easier. They also say agent who killed Renee Good should be prosecuted in Minnesota.
They break this news on our pod:
newrepublic.com/article/2051...
They break this news on our pod:
newrepublic.com/article/2051...
Trump Shooting Fiasco Worsens as Dems Find Fresh Line of Attack on ICE
As the Minneapolis killing gets darker for Trump, Representatives Eric Swalwell and Dan Goldman talk to us about their plan to rein in ICE—and about Trumpworld’s broader plunge into violence and lawl...
newrepublic.com
January 12, 2026 at 5:55 AM
I admire these efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
@ericswalwell.bsky.social I admire your efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
Ms. Good should be alive today. Instead, a masked mother-murdering ICE agent acting with impunity took her life. Enough. I’m fighting to end immunity for ICE and to hold them accountable for their actions.
January 12, 2026 at 5:53 AM
@ericswalwell.bsky.social I admire your efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
@repdangoldman.bsky.social @ericswalwell.bsky.social I admire your efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
Instead of accountability, the Trump admin deflects & smears victims of their agencies’ militarized violence.
My ICE OUT Act with @ericswalwell.bsky.social will end current qualified immunity standard for ICE agents who abuse their authority, ensuring accountability for those on the receiving end.
My ICE OUT Act with @ericswalwell.bsky.social will end current qualified immunity standard for ICE agents who abuse their authority, ensuring accountability for those on the receiving end.
As the Minneapolis killing gets darker for Trump, Reps Eric Swalwell and Dan Goldman talk about their plan to check ICE—and about Trumpworld’s broader plunge into violence and lawlessness.
"Trump has sent these mother-murdering thugs into our community." trib.al/snLrhRO
"Trump has sent these mother-murdering thugs into our community." trib.al/snLrhRO
January 12, 2026 at 5:52 AM
@repdangoldman.bsky.social @ericswalwell.bsky.social I admire your efforts to increase ICE officer accountability. But ending qualified immunity wont address a much bigger problem-there is essentially no right to sue federal officers for violating the Constitution. First codify Bivens. Then end QI.
Reposted by Joanna Schwartz
For those baffled at others' reactions to the video, I really can't recommend this classic article enough. "What people see will often be a reflection of what they value."
("Motivated cognition" is a hell of a drug. For others. Not for me.)
www.stanfordlawreview.org/wp-content/u...
("Motivated cognition" is a hell of a drug. For others. Not for me.)
www.stanfordlawreview.org/wp-content/u...
January 10, 2026 at 12:09 AM
For those baffled at others' reactions to the video, I really can't recommend this classic article enough. "What people see will often be a reflection of what they value."
("Motivated cognition" is a hell of a drug. For others. Not for me.)
www.stanfordlawreview.org/wp-content/u...
("Motivated cognition" is a hell of a drug. For others. Not for me.)
www.stanfordlawreview.org/wp-content/u...
Reposted by Joanna Schwartz
Federal officers do not have absolute immunity, but there is a web of doctrines that make civil suits against them nearly impossible to bring successfully. Congress knew they needed to fix this in 2020, and new reasons why they should are coming fast and furious now. www.politico.com/news/magazin...
Opinion | The Simple Way Congress Can Stop Federal Officials from Abusing Protesters
The Supreme Court gave people the right to sue federal officials for violating their rights. Now is the time for Congress to make it law.
www.politico.com
January 11, 2026 at 7:32 PM
Federal officers do not have absolute immunity, but there is a web of doctrines that make civil suits against them nearly impossible to bring successfully. Congress knew they needed to fix this in 2020, and new reasons why they should are coming fast and furious now. www.politico.com/news/magazin...