https://www.cato.org/blog/may-15th-supreme-court-will-finall...
Sample:
Jessop v. City of Fresno. In this case, the Ninth Circuit granted immunity to police officers who stole over $225,000 in cash and rare coins in the course of executing a search warrant. The court noted that while “the theft [of] personal property by police officers sworn to uphold the law” may be “morally wrong,” the officers could not be sued for the theft because the Ninth Circuit had never issued a decision specifically involving the question of “whether the theft of property covered by the terms of a search warrant, and seized pursuant to that warrant, violates the Fourth Amendment.”
Edit: I will just reply to all of the comments downthread at once because they all seem to urge the same thing. SCOTUS has no incentive to act when the legislative branch is doing something that could easily overturn or not align with their decision, which would render their decision moot. A law that Congress passes overrules any and all SCOTUS precedent on the issue because Congress "legislates against the backdrop of the common law." Further, Congress has the ability to move much faster than SCOTUS: a bill could be passed on less than a month in Congress while it will take at least a year for SCOTUS to reach a decision.
Sucks and is unfair, but it's the same principle that stops the government from, for example, jailing people who used to drink if Prohibition were put back in the Constitution.(1)
(1) There's a carve-out in jurisprudence that if something was illegal in the past, and you're jailed for it, and it is later made legal, your continued incarceration can be re-considered. But that's handled on, generally, a case-by-case basis.
No, it's not: ex post facto is a term of art for retroactive criminalization; QI applies only to civil liability. Retrospective enhancements to civil liability are not Constitutionally prohibited.