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re: How would law enforcement look without qualified immunity?
Posted on 6/20/20 at 10:37 am to BluegrassBelle
Posted on 6/20/20 at 10:37 am to BluegrassBelle
(no message)
This post was edited on 10/18/21 at 4:13 pm
Posted on 6/20/20 at 10:37 am to Jcorye1
Then they should be paid just like a lawyer, doctor or CPA.
Posted on 6/20/20 at 10:38 am to BluegrassBelle
(no message)
This post was edited on 10/18/21 at 4:13 pm
Posted on 6/20/20 at 10:39 am to kengel2
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 on 6/20/20 at 10:41 am to BluegrassBelle
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 on 6/20/20 at 10:41 am to lsutiger2010
The departments will have to buy more expensive policies. Cops won’t individually be buying policies.
Posted on 6/20/20 at 10:42 am to BluegrassBelle
(no message)
This post was edited on 10/18/21 at 4:13 pm
Posted on 6/20/20 at 10:42 am to BluegrassBelle
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 on 6/20/20 at 10:43 am to jbgleason
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 on 6/20/20 at 10:45 am to goofball
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 on 6/20/20 at 10:48 am to goofball
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 on 6/20/20 at 10:49 am to goofball
(no message)
This post was edited on 9/25/20 at 1:50 am
Posted on 6/20/20 at 10:52 am to Jack Bauers HnK
(no message)
This post was edited on 1/11/21 at 12:41 am
Posted on 6/20/20 at 10:52 am to goofball
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 on 6/20/20 at 10:53 am to efrad
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 on 6/20/20 at 10:56 am to jbgleason
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 on 6/20/20 at 11:04 am to kengel2
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 on 6/20/20 at 11:06 am to Golfer
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 on 6/20/20 at 11:07 am to goofball
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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