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Supreme Court sides with police in pair of 'qualified immunity' cases
Posted on 10/18/21 at 11:06 am
Posted on 10/18/21 at 11:06 am
The Supreme Court on Monday sided with law enforcement in a pair of cases that implicated “qualified immunity,” the controversial legal doctrine that gives police broad protection from lawsuits.
In a pair of unsigned summary rulings issued without noted dissent, the justices reversed two federal appeals courts that had permitted excessive force lawsuits to proceed against officers in separate cases arising from California and Oklahoma.
The justices ruled the officers should be granted qualified immunity, which shields government officials from liability unless it is proven they violated a “clearly established” right, a difficult legal hurdle.
Both lawsuits dealt with police responses to an emergency 911 call.
The California case involved a man wielding a chainsaw who had threatened his girlfriend and her two minor children, forcing them to barricade themselves inside a room, according to the 911 call.
When Union City police confronted the suspect, they noticed a knife in his pocket. Officer Daniel Rivas-Villegas put his knee on the suspect’s back, near the pocket that contained the knife, for a period of eight seconds, as another officer placed the suspect under arrest.
The suspect sued Rivas-Villegas for excessive force. A federal district judge ruled for the officer, prompting an appeal by the suspect, Ramon Cortesluna.
The San Francisco-based U.S. Court of Appeals for the 9th Circuit reversed the district court's ruling, finding that the officer was not entitled to qualified immunity because "existing precedent put him on notice that his conduct constituted excessive force.”
The justices, in overturning the 9th Circuit, held that the precedent cited by the lower court was too different from the facts at hand for Rivas-Villegas to have received “fair notice” that his conduct amounted to excessive force.
In the Oklahoma case, officers with the Tahlequah police responded to a 911 call from a woman who said her ex-husband was intoxicated and refused to leave her garage.
In reversing the appeals court, the justices found the officers were entitled to qualified immunity because the court had not pointed to “a single precedent finding a Fourth Amendment violation under similar circumstances.” LINK
In a pair of unsigned summary rulings issued without noted dissent, the justices reversed two federal appeals courts that had permitted excessive force lawsuits to proceed against officers in separate cases arising from California and Oklahoma.
The justices ruled the officers should be granted qualified immunity, which shields government officials from liability unless it is proven they violated a “clearly established” right, a difficult legal hurdle.
Both lawsuits dealt with police responses to an emergency 911 call.
The California case involved a man wielding a chainsaw who had threatened his girlfriend and her two minor children, forcing them to barricade themselves inside a room, according to the 911 call.
When Union City police confronted the suspect, they noticed a knife in his pocket. Officer Daniel Rivas-Villegas put his knee on the suspect’s back, near the pocket that contained the knife, for a period of eight seconds, as another officer placed the suspect under arrest.
The suspect sued Rivas-Villegas for excessive force. A federal district judge ruled for the officer, prompting an appeal by the suspect, Ramon Cortesluna.
The San Francisco-based U.S. Court of Appeals for the 9th Circuit reversed the district court's ruling, finding that the officer was not entitled to qualified immunity because "existing precedent put him on notice that his conduct constituted excessive force.”
The justices, in overturning the 9th Circuit, held that the precedent cited by the lower court was too different from the facts at hand for Rivas-Villegas to have received “fair notice” that his conduct amounted to excessive force.
In the Oklahoma case, officers with the Tahlequah police responded to a 911 call from a woman who said her ex-husband was intoxicated and refused to leave her garage.
In reversing the appeals court, the justices found the officers were entitled to qualified immunity because the court had not pointed to “a single precedent finding a Fourth Amendment violation under similar circumstances.” LINK
This post was edited on 10/18/21 at 11:24 am
Posted on 10/18/21 at 11:10 am to Jbird
Well, it really does not sound like these cases were the cases for qualified immunity to die on...
Posted on 10/18/21 at 11:12 am to The Maj
quote:
Well, it really does not sound like these cases were the cases for qualified immunity to die on...
Agree. QI is in dire need of some tweaking but I have zero issue with it here.
Posted on 10/18/21 at 11:15 am to Flats
quote:
Agree. QI is in dire need of some tweaking but I have zero issue with it here.
Same, and if anything cases like are mentioned in this article are the very reason that QI exists...
Posted on 10/18/21 at 11:15 am to Jbird
Good post, but might want to clean up the duplication and remove text for links elsewhere.
Posted on 10/18/21 at 11:29 am to The Maj
quote:
cases like are mentioned in this article are the very reason that QI exists...
I don't even know why QI was needed. Suspect was violent, suspect had knife, officer puts a knee on his back for 8 seconds while he puts on the cuffs. Who gives a shite? It should never have gotten past the first judge.
Posted on 10/18/21 at 11:38 am to Flats
Qualified immunity reform sounds like a good idea.
I fear it might have too big of a consequence and too little impact on actually making the world a better place.
If we have QI reform for police, we should have QI reform for judges and government employees in general.
I fear it might have too big of a consequence and too little impact on actually making the world a better place.
If we have QI reform for police, we should have QI reform for judges and government employees in general.
Posted on 10/18/21 at 11:40 am to the808bass
quote:
If we have QI reform for police, we should have QI reform for judges and government employees in general.
Oh hell yes.
Posted on 10/18/21 at 11:43 am to the808bass
quote:
If we have QI reform for police, we should have QI reform for judges and government employees in general.
Throw elected officials in there as well... When they misappropriate money and create issues down the road, they should be held liable but they are not...
Posted on 10/18/21 at 11:56 am to The Maj
quote:
Well, it really does not sound like these cases were the cases for qualified immunity to die on...
That’s because Qualified Immunity is absolutely necessary and based on common sense. The opposition to qualified immunity is ignorant, but it gets traction because of the spotlight being directed at bad policing.
One effect of our society getting fat, dumb, and lazy is that there are more unprofessional, poorly trained, and ill-prepared people parading around as professionals in all professions.
This includes policing, which is where the rubber meets the road between legal theory/laws passed and the reality on the street.
This post was edited on 10/18/21 at 11:57 am
Posted on 10/18/21 at 12:05 pm to Jimbeaux
quote:
That’s because Qualified Immunity is absolutely necessary and based on common sense. The opposition to qualified immunity is ignorant, but it gets traction because of the spotlight being directed at bad policing.
One effect of our society getting fat, dumb, and lazy is that there are more unprofessional, poorly trained, and ill-prepared people parading around as professionals in all professions.
this is scary when they have authority to arrest civilians. Im not sure we should cater QI broad enough to shield those unprofessional ill-prepared types parading as professional LEO. QI can be tweaked for a narrower scope without being eliminated entirely.
Posted on 10/18/21 at 12:07 pm to Jimbeaux
quote:
Qualified Immunity is absolutely necessary and based on common sense
It may very well be but its overarching application to just about everything, including actual misconduct is why people are going after it...
Posted on 10/18/21 at 12:07 pm to Jbird
quote:
When Union City police confronted the suspect, they noticed a knife in his pocket. Officer Daniel Rivas-Villegas put his knee on the suspect’s back, near the pocket that contained the knife, for a period of eight seconds, as another officer placed the suspect under arrest.
quote:
The San Francisco-based U.S. Court of Appeals for the 9th Circuit reversed the district court's ruling, finding that the officer was not entitled to qualified immunity because "existing precedent put him on notice that his conduct constituted excessive force.”
8 seconds of a knee on his back while they’re trying to cuff him with a knife in his pocket is too much, according to the 9th circuit.
Posted on 10/18/21 at 12:08 pm to Jack Bauers HnK
quote:Crazy world these Dems proggies are creating.
8 seconds of a knee on his back while they’re trying to cuff him with a knife in his pocket is too much, according to the 9th circuit.
Posted on 10/18/21 at 1:39 pm to Jbird
Doesn't the 9th Circuit get turned over like 75% of the time?
Posted on 10/18/21 at 1:43 pm to The Maj
As they say, “bad facts make bad law”. These were not examples of cases that challenge qualified immunity as a concept.
Posted on 10/18/21 at 1:44 pm to kingbob
quote:
These were not examples of cases that challenge qualified immunity as a concept.
I agree and it begs the question of how these cases even made it past the first step in the system...
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