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Old November 22, 2021, 09:08 AM   #66
ghbucky
Senior Member
 
Join Date: June 12, 2020
Posts: 1,017
I think there is a lot of uninformed opinions about the court created doctrine of Qualified Immunity.

Justice Clarence Thomas' dissenting opinion in this case spells out quite well the history of how this doctrine was created and expanded by the judiciary:

https://www.supremecourt.gov/opinion...-1287_09m1.pdf

The root of it is a law passed by legislature in the aftermath of the Civil War:
Quote:
“any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall
subject, or cause to be subjected, any person within the
jurisdiction of the United States to the deprivation of
any rights, privileges, or immunities secured by the
Constitution of the United States, shall . . . be liable to
the party injured in any action at law, suit in equity, or
other proper proceeding for redress . . . .” Act of Apr.
20, 1871, §1, 17 Stat. 13.
Quote:
Put in simpler terms, §1 gave individuals a right to sue
state officers for damages to remedy certain violations of
their constitutional rights.
Somehow, over the next century the judiciary turned this on its head. Immunity was added bit by bit until now it is a blanket immunity for any government office holder. No lawmaker ever voted on this expansion. The Supreme Court has denied to hear cases challenging this doctrine.

It is a doctrine that grants immunity to violations of our constitutional rights. The only way to rectify that is through legislation.

My purpose here is to convince YOU that it needs to happen. Our policing has reached such an enormous disconnect between what should be 'law enforcement' to behavior that has people weaponizing the police against each other (SWATTING).

If by affording me the same protection as police that if I hit a bystander will cause me to be less judicious in my use of force, then the immunity afforded to police has encouraged them to ignore public safety and leads to incidents such as I linked previously of the NYPD shooting 9 bystanders while shooting at 1 suspect.
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