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Anyone familiar with this Louisiana 'qualified immunity' case being appealed to SCOTUS?

Posted on 6/18/26 at 8:41 am
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
52266 posts
Posted on 6/18/26 at 8:41 am
Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity
quote:

Six years ago, Richard Hershey was distributing religious leaflets on a public sidewalk in a public park surrounding a public arena in Bossier City, Louisiana, when he was accosted by police officers who insisted that he stop. Hershey, who was promoting the views of the Christian Vegetarian Association outside a Christian rock concert at the Bossier City Arena, pointed out that he was exercising his constitutionally guaranteed freedom of speech and freedom of religion. He also noted that the officers had not interfered with another leafleteer, who was advertising a local radio station.

The cops were unmoved. If Hershey did not leave immediately, they said, he would be arrested, and he likewise would be carted off to jail if he ever dared return to the park.

last October, the U.S. Court of Appeals for the 5th Circuit held that Hershey could not sue the officers responsible for it because they were protected by qualified immunity, a doctrine that bars federal civil rights claims unless they allege violations of "clearly established" law. Now Hershey is asking the Supreme Court to overrule that jaw-dropping conclusion, which illustrates how broad interpretations of qualified immunity prevent victims of outrageous police misconduct from vindicating their rights.
This could be an extremely important case (if SCOTUS takes it up) for the protection of free speech and religious rights in this country.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12226 posts
Posted on 6/18/26 at 8:44 am to
We have a police accountability issue in this country, and QI is the main driver. The bar to defeat it has slowly been rising to the point that it has become damn near impossible.

At least in this case, Hershey's Monell claim against Bossier City was allowed to proceed bc their inability to train their officers on the difference between public v private property was glaring. But individual officers are almost teflon. Even if QI is defeated, they get saved anyways by indemnification.
This post was edited on 6/18/26 at 8:48 am
Posted by Timeoday
Easter Island
Member since Aug 2020
24092 posts
Posted on 6/18/26 at 8:46 am to
SCOTUS should take it up. How can qualified immunity protect an officer or official from behavior that violates one's civil rights?
This post was edited on 6/18/26 at 8:49 am
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
52266 posts
Posted on 6/18/26 at 8:49 am to
quote:

SCOTUS should take it up. How can qualified immunity protect an officer or official from behavior the violates one's civil rights?
In the article, statements from the court indicate that the court recognizes the problem but has set unconstitutional precedents within the 5th Circuit's prior rulings that needs to be addressed and rectified.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12226 posts
Posted on 6/18/26 at 8:50 am to
quote:

SCOTUS should take it up. How can qualified immunity protect an officer or official from behavior the violates one's civil rights?

Bc violating a constitutional right is just the first prong of defeating a QI defense. The second is that is had to be "clearly established" which is what is so tough to overcome. If there hasn't been a past case that matches the details of the current case exactly, they argue "well, how tf were we supposed to know!" IOW, they always get a free pass the first time they violate someone's constitutional rights in a novel way. Its lunacy.
Posted by Timeoday
Easter Island
Member since Aug 2020
24092 posts
Posted on 6/18/26 at 9:38 am to
Not long ago, historically speaking, they were simply known as peace officers. Now, they are given every doubt available in support of the police state America has become.
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