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If anyone is wondering why an end to police qualified immunity is needed...
Posted on 6/12/20 at 8:35 am
Posted on 6/12/20 at 8:35 am
The Cato institute recently put out 13 cases where it has been used and the officers in question granted immunity from liability by the courts.
There's more for any who care to read.
LINK
quote:
Corbitt v. Vickers. This is the case where the Eleventh Circuit granted immunity to a deputy sheriff who shot a ten-?year-?old child lying on the ground, while repeatedly attempting to shoot a pet dog that wasn’t posing any threat. The plaintiffs in both Zadeh and Corbitt are now represented by Paul Hughes, who filed cert petitions on November 22, 2019, each of which asks “[w]hether the Court should recalibrate or reverse the doctrine of qualified immunity.” Cato submitted briefs in both cases, this time taking the lead on the cross-?ideological brief, whose signatories also included the Alliance Defending Freedom, the American Association for Justice, the ACLU, Americans for Prosperity, the Due Process Institute, the Law Enforcement Action Partnership, the MacArthur Justice Center, the NAACP, Public Justice, R Street, and the Second Amendment Foundation
quote:
Brennan v. Dawson. In this case, the Sixth Circuit granted immunity to a police officer who, in an attempt to administer an alcohol breath test to a man on misdemeanor probation, parked his car in front of the man’s home at 8:00pm; turned the lights and sirens on for over an hour; circled the man’s house five to ten times, peering into and knocking on windows; and wrapped the home’s security camera in police tape. The court held that this warrantless invasion of the curtilage violated the Fourth Amendment, but nevertheless granted immunity due to a lack of “clearly established law.” The cert petition in this case was filed on January 11, 2019, and asks the Court to “reign in the qualified immunity standard to … reflect the common-?law roots of qualified immunity.”
quote:
Zadeh v. Robinson. In this case, the Fifth Circuit granted immunity to state investigators that entered a doctor’s office and, without notice and without a warrant, demanded to rifle through the medical records of 16 patients
quote:
West v. Winfield. In this case, the Ninth Circuit granted immunity to police officers who bombarded an innocent woman’s home with tear-?gas grenades. The homeowner had given the officers permission to enter her home to look for a suspect, but never consented to anything like the practical destruction of her home that resulted. Nevertheless, the court granted immunity on the grounds that no prior case specifically established that this sort of bombardment exceeded the scope of consent that the homeowner had given. On January 16, 2020, the Institute for Justice filed a cert petition asking the Court to clarify and limit the scope of qualified immunity, and Cato filed a brief in support of this petition.
quote:
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 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.” Neal Katyal filed a cert petition on behalf of Mr. Jessop on February 14, 2020, and Cato, joined by Americans for Prosperity, filed a brief in support of the petition.
There's more for any who care to read.
LINK
Posted on 6/12/20 at 8:43 am to NYNolaguy1
Remove qualified immunity, every person ever cuffed by cops will sue the cop, the department, and the city.
Posted on 6/12/20 at 8:46 am to saints5021
quote:
Remove qualified immunity, every person ever cuffed by cops will sue the cop, the department, and the city.
Qualified immunity doesn't indemnify the municipality, only the officer personally. Removing qualified immunity doesn't change your ability to sue the department or municipality.
This post was edited on 6/12/20 at 8:47 am
Posted on 6/12/20 at 8:47 am to NYNolaguy1
quote:
This is the case where the Eleventh Circuit granted immunity to a deputy sheriff who shot a ten-?year-?old child lying on the ground, while repeatedly attempting to shoot a pet dog that wasn’t posing any threat.
Time out.
That son of bitch was trying to kill a dog?
Posted on 6/12/20 at 8:50 am to NYNolaguy1
If you want the police to stop policing. Stop investigating crimes and let criminals run free take away immunity.
Just about every arrest would turn into a lawsuit. No one would want the job. And those that take it. Would not carry it out for fear of frivolous lawsuits
Just about every arrest would turn into a lawsuit. No one would want the job. And those that take it. Would not carry it out for fear of frivolous lawsuits
Posted on 6/12/20 at 8:50 am to NYNolaguy1
quote:
The Cato institute
that's when i stopped reading.
there are over 400,000 elected offices in the united states, 55 are held by libertarian's.
i'm not willing to gut our police departments because you silly phuckers are pot heads.
This post was edited on 6/12/20 at 9:01 am
Posted on 6/12/20 at 8:52 am to ItTakesAThief
quote:
If you want the police to stop policing. Stop investigating crimes and let criminals run free take away immunity.
You'll have to pardon me if I think police officers should face the same liability you or I do everyday.
Why are some more equal than others?
ETA: You won't hear from me to defund or abolish police any time soon.
This post was edited on 6/12/20 at 8:53 am
Posted on 6/12/20 at 8:55 am to saints5021
quote:
Remove qualified immunity, every person ever cuffed by cops will sue the cop, the department, and the city.
frick it leave qualified immunity for the cops in place on the civil side but open it way up on the criminal. If a cop steals from me on a search I should be able to get my stuff back and have him face the full penalty of the law.
Also along this line of thought...civil asset forfeiture should be ruled unconstitutional.
Posted on 6/12/20 at 8:56 am to NYNolaguy1
quote:
If anyone is wondering why an end to police qualified immunity is needed...
Sounds to me like the courts need to do a better job when granting qualified immunity instead of a blanket "let's take it all away"...
Now, me personally, I am really ready to get rid of LE and lets get back to some good old natural selection and survival of the fittest... You frickers know not for what you wish...
Posted on 6/12/20 at 8:57 am to TigerFanatic99
quote:
Time out.
That son of bitch was trying to kill a dog?
Yes. Thankfully the boy survived.
Posted on 6/12/20 at 8:59 am to NYNolaguy1
I totally understand the problems with qualified immunity. What I can't get around is how you avoid the problems of not having it?
Posted on 6/12/20 at 9:00 am to The Maj
quote:
Now, me personally, I am really ready to get rid of LE and lets get back to some good old natural selection and survival of the fittest... You frickers know not for what you wish...
While you may want to abolish the police, I tend to think a lot of big changes would be better.
1)End no knock raids
2)End civil asset forfeiture
3)End the war on drugs
4)End QI
5)End policing for profit- all revenues taken in by a police dept go to either education or state general fund
Abolishing police is not the way forward, sir.
Posted on 6/12/20 at 9:01 am to NYNolaguy1
The end of Qualified Immunity would cause chaos in the Court System, and lead to a staffing crisis in law enforcement. It's pie in the sky Liberterian, Anarchist, and Hippie nonsense.
Posted on 6/12/20 at 9:02 am to ShortyRob
quote:
What I can't get around is how you avoid the problems of not having it?
If you feel so compelled, state your case.
Posted on 6/12/20 at 9:02 am to NYNolaguy1
quote:
You'll have to pardon me if I think police officers should face the same liability you or I do everyday.
that would make you a child and you should probably grow up.
Posted on 6/12/20 at 9:03 am to NYNolaguy1
Keep going for the bottom of the barrel. In the ATL they are having to hire officers who Are criminals. Keep lowering the bar progs.
Posted on 6/12/20 at 9:03 am to walley tux
quote:
that would make you a child and you should probably grow up.
Thank you for your well thought out input .
Posted on 6/12/20 at 9:04 am to NYNolaguy1
quote:
While you may want to abolish the police
Nope but since these rioters want them done away with, I want them to get their wish...
quote:
1)End no knock raids
K
quote:
2)End civil asset forfeiture
K
quote:
3)End the war on drugs
Semi-K
quote:
4)End QI
Nope - abolish the LE if you are going to do this.
quote:
5)End policing for profit- all revenues taken in by a police dept go to either education or state general fund
I know this sounds good in your head but it just shows you do not have any idea how a budget works.
quote:
Abolishing police is not the way forward, sir.
What you have suggested in 1-5 is pretty much an abolishing of LE or at a minimum a gutting it to the point it is not longer effective and we might as well return to the wild west...
It is like you frickers don't think about second and third order effects when you come up with this shite...
Posted on 6/12/20 at 9:04 am to NYNolaguy1
quote:
Qualified immunity doesn't indemnify the municipality, only the officer personally. Removing qualified immunity doesn't change your ability to sue the department or municipality.
This is why eliminating qualified immunity isn't needed.
Posted on 6/12/20 at 9:04 am to TigerFanatic99
quote:
That son of bitch was trying to kill a dog?
Police kill a dog about every hour and forty minutes.
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