Comment by pear01
18 days ago
It's called qualified immunity. Many support its repeal. I hope you join them, and convey the same to your local representatives and candidates. Until it is reformed few if any officers or administrators of criminal justice in the United States will ever feel any type of accountability.
Short of video evidence of blatant gun to the back of the head style homicide qualified immunity means most law enforcement officials are never held accountable for their miscarriages of justice. Criminal charges against officers are exceedingly rare. She should be able to sue this detective directly. Of course she can sue the government too, and should. But without any personal consequences for the people carrying out these acts, taxpayers will continue to bail out these practices without ever noticing. Your own government should not be a shield for a police officer who has violated you or your neighbors.
> Many support its repeal.
There's nothing to repeal. Qualified immunity is a doctrine that the judicial branch made up out of thin air, with no legislative backing.
But agreed, we need legislatures to write laws that expressly hold police accountable, and declare that they are not shielded from liability when things go wrong due to their own failures and negligence.
Not that it changes your point, but, um actually:
While the origins of qualified immunity are judicial, some State loved the idea so much the went and made it statutory too. Louisiana’s 2024 bill explicitly removes negligence as an exception (which is a valid method to circumvent qualified immunity based on jurisprudence at the federal and most state levels). Louisiana requires intentional violations or criminal actions to even be able to bring a claim.
> Short of video evidence of blatant gun to the back of the head style homicide qualified immunity means most law enforcement officials are never held accountable for their miscarriages of justice.
And frequently not even then.