Kaleb Byars is a Juris Doctor Candidate at the University of Tennessee (Class of 2021) and Editor-in-Chief of the Tennessee Law Review. 

Introduction

The phrase “as clear as mud” is an age-old idiom used to describe an inexplicable phenomenon, such as a legal principle that defies logic and reason. This article identifies one such legal principle that exists in the realm of qualified immunity. More specifically, “it is about as clear as mud” why the federal courts consider persuasive authority when determining whether law is “clearly established” under the doctrine of qualified immunity.