The controversy behind qualified immunity


And sometimes infuriating. U C L. A law professor Joanna Schwarz would argue that qualified immunity is also unnecessary. When I looked at almost 1200 cases that were filed around the country, I found that a small proportion of those cases less than 4%. Were actually dismissed because of qualified immunity. Qualified immunity flips the usual way of thinking about things on its head. That's attorney Robert McNamara. He's at the Institute for Justice, a nonprofit law firm that represented and he's Uist and James King. Qualified immunity explains can also apply when there is no previous court ruling on the case, exactly like the one you're arguing What That means is that government officials have free reign to violate your rights as long as they managed to violate your rights in a way that nobody ever thought of before George Floyd's family, for example, if they were to ask for any damages from the city, in theory, a TTE least Qualified immunity could be invoked. That's absolutely right. The question asked in that case will not be whether it was right or wrong for those officers to act as they did. The question, as as odious as it seems, is actually going to be for purposes of qualified immunity. Whether the jurisdiction already has cases about kneeling on someone's neck. And exactly how many seconds did the officer in that earlier case Neil on someone's neck? That's one enormously powerful argument against qualified immunity. Call it the outrage are given. But more to the point. If George Floyd's family gets a large financial settlement, it most likely won't be the individual cops who pay qualified immunity, says Professor Schwartz isn't necessary to protect the police. Union officials and other defenders of qualified immunity used to talking points repeatedly in defending the doctrine that officers will be bankrupted if qualified immunity goes away and that good officers who make reasonable mistakes will be found liable. And neither of those things are true because officers virtually never pay as a consequence of indemnification agreements. Case in point. Earlier this month, the city of Louisville, Kentucky, agreed to pay $12 million to the family of Briana Taylor, who was shot and killed by police in her home. None of that money will be paid by the officers involved.

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