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You have to pay police more, like 6 figures, if you remove qualified immunity
Posted on 6/20/20 at 10:06 am
Posted on 6/20/20 at 10:06 am
A big part of MD salary is they’re who gets sued if shite goes awry. The buck stops with them. PAs and NPs under MD supervision may do a lot of the same shite but get paid 2-3x less. This is because they shift the liability to the MD license.
If we shift civil liability to the individual officers, that’s going to come at a premium.
You can’t expect someone making 50k a year to put their livelihood on the line just to run a drug dog around a car.
If we shift civil liability to the individual officers, that’s going to come at a premium.
You can’t expect someone making 50k a year to put their livelihood on the line just to run a drug dog around a car.
This post was edited on 6/20/20 at 10:07 am
10
Posted on 6/20/20 at 10:09 am to Tiguar
Colorado has apparently said, "hold my beer!"
Posted on 6/20/20 at 10:09 am to Tiguar
quote:
A big part of MD salary is they’re who gets sued if shite goes awry. The buck stops with them. PAs and NPs under MD supervision may do a lot of the same shite but get paid 2-3x less. This is because they shift the liability to the MD license. If we shift civil liability to the individual officers, that’s going to come at a premium. You can’t expect someone making 50k a year to put their livelihood on the line just to run a drug dog around a car.
The local and states will have to foot the bill either way directly or through paid insurance or through a premium.
I mean one lawsuit and the cop is bankrupt even if he might be found not liable.
Or hire people with no assets.
This post was edited on 6/20/20 at 10:10 am
Posted on 6/20/20 at 10:11 am to demtigers73
No. Colorado did the dumbest thing humanly possible in this circumstance. The abolished qualified immunity but added that now municipalities must indemnify the officers for violations of constitutional rights. They basically opened up the taxpayer checkbook to anyone who gets arrested.
Posted on 6/20/20 at 10:11 am to Tiguar
The departments will have to pay for liability insurance for each individual officer where this becomes law or they won't have any officers.
Posted on 6/20/20 at 10:11 am to Tiguar
Imagine the person who would have to face the mob and say “we’ve heard your calls for change & we agree. As of today, all cop pay is doubled!!!!”
This post was edited on 6/20/20 at 10:12 am
Posted on 6/20/20 at 10:13 am to FalseProphet
quote:
No. Colorado did the dumbest thing humanly possible in this circumstance. The abolished qualified immunity but added that now municipalities must indemnify the officers for violations of constitutional rights. They basically opened up the taxpayer checkbook to anyone who gets arrested.
What about state and county?
Thanks for the info btw.
So, you could sue an officer but not sue the municipality? Would the municipality not even be a party to the suit?
This post was edited on 6/20/20 at 10:15 am
Posted on 6/20/20 at 10:13 am to FalseProphet
Point being the money is coming from somewhere. You either pay the officers or pay their expenses.
Qualified immunity protects the tax payers, not just the cops.
Qualified immunity protects the tax payers, not just the cops.
Posted on 6/20/20 at 10:14 am to GeauxFightingTigers1
quote:
The local and states will have to foot the bill either way directly or through paid insurance or through a premium.
I mean one lawsuit and the cop is bankrupt even if he might be found not liable.
Or hire people with no assets.
Maybe the insurance companies will lower our car insurance premiums when they start raking in billions from every political subdivision in the country.
On the bright side, all of these unnecessary towns might go away when they can't be funded by two shitty cops and a speed trap.
Posted on 6/20/20 at 10:14 am to FalseProphet
I agree, so police will either leave the state/change jobs or not answer the radio!
Posted on 6/20/20 at 10:16 am to Tiguar
Insurance costs can be quantified for your example. For MDs as you know there are published average... somewhat accurate... insurance costs per specialty so we can calculate the burden.
It’s part of the equation but also on the flip side it modifies standards of care mostly for the better (from an economics perspective anyway).
I don’t think insurance costs would be crazy high long term for police but the number of under qualified people/training/departments today would cause a shock to the system
It’s part of the equation but also on the flip side it modifies standards of care mostly for the better (from an economics perspective anyway).
I don’t think insurance costs would be crazy high long term for police but the number of under qualified people/training/departments today would cause a shock to the system
Posted on 6/20/20 at 10:18 am to Tantal
quote:or make the officers pay it themselves.
The departments will have to pay for liability insurance for each individual officer
Posted on 6/20/20 at 10:19 am to GeauxFightingTigers1
quote:
So, you could sue an officer but not sue the municipality? Would the municipality not even be a party to the suit?
So this is simplistic, but Section 1983 does not permit vicarious liability. A town, parish, county, etc. can only be held liable if it has an established policy, practice, or custom that lead to the violation. If an errant officer did something stupid, the town was not liable. While that rubric applied to federal law, most states have adopted similar rules for state constitutional violations.
Colorado just ended that and said that municipalities MUST pay for the acts of stupid officers even if the municipality itself did nothing wrong.
Posted on 6/20/20 at 10:19 am to ProbyOne
Lol I have a feeling the people cops interact with are going to be a little more litigious than those doctors interact with.
Posted on 6/20/20 at 10:21 am to Tiguar
So raise taxes?
Posted on 6/20/20 at 10:22 am to crazyatthecamp
That is going to be the natural result of elimination of qualified immunity yes, either that or elimination of the police force as we know it.
Posted on 6/20/20 at 10:22 am to FalseProphet
quote:
So this is simplistic, but Section 1983 does not permit vicarious liability. A town, parish, county, etc. can only be held liable if it has an established policy, practice, or custom that lead to the violation. If an errant officer did something stupid, the town was not liable. While that rubric applied to federal law, most states have adopted similar rules for state constitutional violations. Colorado just ended that and said that municipalities MUST pay for the acts of stupid officers even if the municipality itself did nothing wrong.
Got it, but if the municipality is not part of the suit and the officer defaults, the municipality is on the hook for some huge amount that wasn't defended?
That could get ugly.
Posted on 6/20/20 at 10:27 am to ProbyOne
This insurance already exists.
Posted on 6/20/20 at 10:33 am to Tiguar
quote:
A big part of MD salary is they’re who gets sued if shite goes awry.
Doctors get paid a lot because they spend a lot of time and money on school. They are experts in their field. Police are on the street in 6 months out of the academy. Even if you include a BA in criminal justice there's no comparison in the time and money it takes to become a doctor to the time and money it takes to become a cop.
Posted on 6/20/20 at 10:33 am to GeauxFightingTigers1
Also, it would seem like if the municipality was unable to pay or had to file bankruptcy or similar, the officer would be liable for the amount. Either way the officer will have to have insurance for him personally in many cases. (I wouldn't think this would be a huge problem but it would be something to consider)
This post was edited on 6/20/20 at 10:35 am
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