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Discussion Starter #1


Time to End Qualified Immunity
 
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Discussion Starter #3
Could you summarize it?

This doctrine, invented by the Court out of whole cloth, immunizes public officials even when they commit legal misconduct unless they violated ‘clearly established law.’ That standard is incredibly difficult for civil rights plaintiffs to overcome because the courts have required not just a clear legal rule, but a prior case on the books with functionally identical facts
 

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Doing away with qualified immunity would effectively do away with law enforcement. There is nothing wrong with qualified immunity, it shields officers and other governmental officials from frivolous lawsuits. It does not shield them from violations of clearly established law. It isn't difficult to overcome qualified immunity, all you need to do is demonstrate that there was established constitutional, statutory, or common law that put the government official on notice that his actions were unlawful.

If you do away with qualified immunity, police officers who legitimately used lethal force to defend themselves would always face trial by the family members of the suspect. Not every case deserves to go before a jury when the facts aren't in dispute.

We have to protect those who protect us. Otherwise you will have police officers who will refuse to do their job out of fear of being sued.
 

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Discussion Starter #5
I agree we have to protect police however qualified immunity as it exists today often protects them even when it should not. It is not easy to overcome qualified immunity as the many cases where police have grossly abused their powers and still been protected qualified immunity. It was even used by the water department I worked for when stupid things were done that damaged their homes or property that could been avoided with proper care.
 

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Doing away with qualified immunity would effectively do away with law enforcement. There is nothing wrong with qualified immunity, it shields officers and other governmental officials from frivolous lawsuits. It does not shield them from violations of clearly established law. It isn't difficult to overcome qualified immunity, all you need to do is demonstrate that there was established constitutional, statutory, or common law that put the government official on notice that his actions were unlawful.

If you do away with qualified immunity, police officers who legitimately used lethal force to defend themselves would always face trial by the family members of the suspect. Not every case deserves to go before a jury when the facts aren't in dispute.

We have to protect those who protect us. Otherwise you will have police officers who will refuse to do their job out of fear of being sued.
Sounds like getting rid of immunity for cops would be a good idea. Especially those who use lethal force without knowing the situation, who is the threat, and who is the homeowner.
 
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