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Why Qualified Immunity Might be a Good Thing
Posted on 3/28/25 at 2:33 pm
Posted on 3/28/25 at 2:33 pm
The other day there was a thread regarding qualified immunity. Responses indicated that most people are against QI because they think an incompetent officer that harms someone should have to pay out of his own pocket. I agree, but QI has nothing to do with that.
This is because state law requires that the City indemnify and defend any officer in a suit related to his public duties (with some narrow exceptions). So, regardless of whether QI applies, it will be the City that pays and the officer won't pay a nickel out of his own pocket.
The reason that plaintiffs fight to strip the officer of QI is not to make him personally liable, he likely doesn't have much in the way of assets. The reason is that stripping the officer of QI is the most direct path to getting the City to open its checkbook.
So, if you think that someone harmed by an officer's wrongful actions should be compensated by the City, then QI is a bad thing.
And, if you think it is wrong that the City (and, really the taxpayer) should have to pay for an officer's blunder, then QI is a good thing.
This is because state law requires that the City indemnify and defend any officer in a suit related to his public duties (with some narrow exceptions). So, regardless of whether QI applies, it will be the City that pays and the officer won't pay a nickel out of his own pocket.
The reason that plaintiffs fight to strip the officer of QI is not to make him personally liable, he likely doesn't have much in the way of assets. The reason is that stripping the officer of QI is the most direct path to getting the City to open its checkbook.
So, if you think that someone harmed by an officer's wrongful actions should be compensated by the City, then QI is a bad thing.
And, if you think it is wrong that the City (and, really the taxpayer) should have to pay for an officer's blunder, then QI is a good thing.
Posted on 3/28/25 at 2:38 pm to Roscoe14
Y'all, don't listen to this cop.
Posted on 3/28/25 at 2:42 pm to Clyde Tipton
quote:
Y'all, don't listen to this cop.
Not a cop (and never been one). Look, I am favor of bad public employees being financially responsible for their wrongs, I said that in my post. But the answer to that has nothing to with qualified immunity, you need to change the laws regarding indemnification.
And, good luck getting that past the public employee unions.
This post was edited on 3/28/25 at 2:43 pm
Posted on 3/28/25 at 3:09 pm to Roscoe14
Why would anyone ever risk being a LEO w/o qualified immunity
Posted on 3/28/25 at 4:22 pm to Lake Vegas Tiger
quote:
Why would anyone ever risk being a LEO w/o qualified immunity
Because they're generally too stupid to do anything else
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