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re: How would law enforcement look without qualified immunity?

Posted on 6/20/20 at 10:37 am to
Posted by lsutiger2010
Member since Aug 2008
14790 posts
Posted on 6/20/20 at 10:37 am to
(no message)
This post was edited on 10/18/21 at 4:13 pm
Posted by chew4219
Member since Sep 2009
2724 posts
Posted on 6/20/20 at 10:37 am to
Then they should be paid just like a lawyer, doctor or CPA.
Posted by lsutiger2010
Member since Aug 2008
14790 posts
Posted on 6/20/20 at 10:38 am to
(no message)
This post was edited on 10/18/21 at 4:13 pm
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99277 posts
Posted on 6/20/20 at 10:39 am to
quote:

Right, because cops get to choose their customers and they are often trustworthy and respectable people worth doing business with.


Social workers, school teachers/admin, etc don’t choose who they work with.

A better example are firemen. They have certain immunities for entering property and the like. But if they commit a crime as defined by federal law or excessive damage to property, their immunity is waived.
Posted by idlewatcher
County Jail
Member since Jan 2012
79358 posts
Posted on 6/20/20 at 10:41 am to
quote:

If you were enforcing a valid law with correct procedure, they shouldn’t win the lawsuit.



Frivolous suits would bog them down. Not to mention, how would a cop who already makes nothing pay for an attorney?
Posted by NIH
Member since Aug 2008
112738 posts
Posted on 6/20/20 at 10:41 am to
The departments will have to buy more expensive policies. Cops won’t individually be buying policies.
Posted by lsutiger2010
Member since Aug 2008
14790 posts
Posted on 6/20/20 at 10:42 am to
(no message)
This post was edited on 10/18/21 at 4:13 pm
Posted by brass2mouth
NOLA
Member since Jul 2007
19713 posts
Posted on 6/20/20 at 10:42 am to
quote:

you were enforcing a valid law with correct procedure, they shouldn’t win the lawsuit.


Doesn’t mean they won’t get sued anyway. Hell look at Atlanta right now with those guys.

Police would also be very high risk. You’re not taking about a CPA missing a number or a Dr in an ER with a team of nurses leaving some gauze behind. They’re out there dealing with criminals who do things like flee in vehicles then crash. Guess whose getting sued?

Hell there’s only a small handful of companies that offer accident insurance to cops/firefighters for on job injuries bc they’re so high risk. Now you want to throw coverage for liability as well? Good luck with that while you pay them 30-40k a year. They’d be broke.

Then the guys that are really out there being proactive would also be tied up in depositions for eternity.

So what you’d end up having are cops who have a “cheap rate” not answering the radio for certain calls or showing up hours later just to fill out the paperwork.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99168 posts
Posted on 6/20/20 at 10:43 am to
quote:

Current QI does NOT cover someone who commits a 1983 civil rights violation. QI isn’t about shielding someone who violates civil rights or commits a crime. It is about people not filing suit because they don’t like the way the officer resolved a neighbor dispute or a barking dog call.


Thank you.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 6/20/20 at 10:45 am to
quote:

If a police officer can be sued for enforcing a valid law, “Why would I even want to work?” asked David Thomas, a professor of justice studies


People are going to get tired of the shite going on..and if they thought they had it bad before, they havent seen shite yet.

We're going to end up with a totalitarian society cause of these selfish assholes. You know what, if you are different and a minority..life is just going to be unfair. That's the reality. It happens in nature. Burning buildings wont make your lives better.
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5728 posts
Posted on 6/20/20 at 10:48 am to
Let’s turn the discussion into exactly what type of plaintiffs do we want recovering money from police departments? What actions are currently covered by QI that we want to become actionable?
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
37372 posts
Posted on 6/20/20 at 10:49 am to
(no message)
This post was edited on 9/25/20 at 1:50 am
Posted by Fat Batman
Gotham City, NJ
Member since Oct 2019
1388 posts
Posted on 6/20/20 at 10:51 am to
Gordon finna eat!
Posted by efrad
Member since Nov 2007
18651 posts
Posted on 6/20/20 at 10:52 am to
(no message)
This post was edited on 1/11/21 at 12:41 am
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 6/20/20 at 10:52 am to
quote:

How would law enforcement look without qualified immunity?


Police action would be based on what liability the individual officer is willing to take.

Also would create officers not willing to make decisions.

Request advice
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99168 posts
Posted on 6/20/20 at 10:53 am to
quote:

quote:

Let’s turn the discussion into exactly what type of plaintiffs do we want recovering money from police departments? What actions are currently covered by QI that we want to become actionable?



Let’s start with the Fresno cops who stole $225,000

quote:

Last year, the U.S. Court of Appeals for the 9th Circuit Court decided that two police officers in Fresno, California, who allegedly stole more than $225,000 in assets while executing a search warrant, could not be sued over the incident. Though "the City Officers ought to have recognized that the alleged theft was morally wrong," the unanimous 9th Circuit panel said, the officers "did not have clear notice that it violated the Fourth Amendment."



Oh I’m sorry, was stealing illegal? We didn’t know.


The problem is not with QI. The problem is with how judges apply it.
Posted by wahootiger
Member since Sep 2010
304 posts
Posted on 6/20/20 at 10:56 am to
quote:

Current QI does NOT cover someone who commits a 1983 civil rights violation. QI isn’t about shielding someone who violates civil rights or commits a crime. It is about people not filing suit because they don’t like the way the officer resolved a neighbor dispute or a barking dog call.


Are you a lawyer? I’m not trying to be argumentative, but your comment is at best not articulated accurately and at worse wrong. Qualified Immunity does shield government actors from civil Liability when the right Is not “clearly established.”
This post was edited on 6/20/20 at 11:08 am
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 6/20/20 at 11:04 am to
quote:

Right, because cops get to choose their customers and they are often trustworthy and respectable people worth doing business with.


ED Physicians/Staff? Clinical Therapists, etc?

They aren't choosing their clients on their first trip into the facility.
Posted by kengel2
Team Gun
Member since Mar 2004
30923 posts
Posted on 6/20/20 at 11:06 am to
quote:

ED Physicians/Staff? Clinical Therapists, etc?

They aren't choosing their clients on their first trip into the facility.


Small percentage. Tell me how many cops get to choose? 0%
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
18521 posts
Posted on 6/20/20 at 11:07 am to
There are people who are going to sue just to sue. Either they want money or they hate police. First of all, dissolve police unions. Then you need to create a culture where officers turn on shitty cops. If you know you have a bad cop, address the issue. Don’t hide behind a brotherhood. Your brotherhood means dick shite if you cover for bad cops.
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