Seth W. Stoughton
Seth W. Stoughton

Seth Stoughton is a Professor at the University of South Carolina School of Law, where he is the Faculty Director of the Excellence in Policing & Public Safety (EPPS) Program. He holds an affiliate position as a Professor in the university’s Department of Criminology and Criminal Justice. Before attending law school, he served for five years as a police officer with the Tallahassee Police Department.

His scholarship on policing has appeared in leading law journals, and he is the principal co-author of Evaluating Police Uses of Force (NYU Press 2020). He has written about policing for The New York Times, The Atlantic, TIME, and other publications, and has filed multiple amicus briefs to the U.S. Supreme Court.

Stoughton has served as an expert witness in several high-profile cases, including the criminal prosecutions of Derek Chauvin for killing George Floyd and Kim Potter for killing Daunte Wright. He has testified for and against officers in both criminal and civil cases.

He earned his J.D. from the University of Virginia School of Law and clerked for Judge Kenneth F. Ripple on the U.S. Court of Appeals for the Seventh Circuit.

Columns by Seth W. Stoughton
What Federal Immigration Enforcement Is Doing Isn’t Policing—and It Isn’t Normal

This opinion piece by policing experts Seth W. Stoughton, Ian T. Adams, Geoffrey P. Alpert, Gil Kerlikowske, Maureen Q. McGough, and Jeffrey J. Noble addresses federal immigration enforcement tactics under the Trump administration. The authors argue that the conduct of agencies like ICE and CBP has departed from established norms in policing in a way that has undermined public safety, particularly through fatal shootings. They contend that these actions—marked by poor planning, aggressive field tactics, and a disregard for accountability—are not just unprofessional but dangerously authoritarian, threatening public safety and the legitimacy of policing itself.

The Legality of Deadly Force: Three Critical Questions about the ICE Shooting in Minneapolis

University of South Carolina, Joseph F. Rice School of Law professor Seth W. Stoughton discusses the legal standards and critical factual questions surrounding the use of deadly force by a federal ICE agent in the fatal shooting of Renee Good in Minneapolis, emphasizing the need for a careful and evidence-based evaluation under both constitutional and state law. Professor Stoughton argues that responsible analysis must focus on whether the agent’s conduct created or avoided unnecessary danger, whether a reasonable officer would have perceived an imminent threat, and whether the threat could have been mitigated without resorting to deadly force.

The Unnecessary Protection of Qualified Immunity

UCLA law professor Joanna C. Schwartz and South Carolina law professor Seth W. Stoughton address some of the arguments commonly asserted to support qualified immunity, the doctrine that shields police officers from civil liability for constitutional violations. Schwartz and Stoughton argue that eliminating qualified immunity should not affect police decision-making and that existing Supreme Court doctrine gives police officers plenty of leeway to make mistakes without violating the Constitution. Because qualified immunity applies only to unreasonable actions by police officers, eliminating or substantially restricting it should not a chilling effect on police officers’ ability or willingness to respond to critical incidents.

What Would a Better Ferguson Response Have Looked Like?

Guest columnist and University of South Carolina School of Law professor Seth Stoughton discusses the police response in Ferguson, Missouri, and explains ways the situation could have been handled better. Stoughton argues that any confrontation between officers and citizens should be handled with the long-term relationship between the police and the community in mind.

Marijuana Legalization Regimes and the Evolving Fourth Amendment

Guest columnist and University of South Carolina law professor Seth Stoughton comments on the shifting marijuana laws throughout the United States and the implications for Fourth Amendment doctrine. Stoughton explains how marijuana laws in the United States have changed over time describes the resulting doctrinal uncertainty. He focuses specifically on the Fourth Amendment’s “automobile exception” in cases involving marijuana calls for legislatures and judges to clarify how police practices should be updated.