NO QUALIFIED IMMUNITY For Cop
- Thread starter Old_Me
- Start date
Couple issues, while this should have never happens a common denominator is it’s in a VERY anti gun not only state but region. That said you have governmental folks that run stuff (Governors, Mayors courts etc) appointing their mini Me’s as chiefs and hiring who they hire.
The second issue is as someone involved I. police training the trend lately (last 25 years) but worse I. Places like Connecticut if they drill into the public and cops head gun = bad so agencies (or a lot of cops within) are already improperly hardwired to run that stuff up the flagpole
As far as qualified immunity it is actually more in the departments interest. it does not protect cops from illegal acts they commit. It only protects them is they are under or within the policy of their department. So if their department taught them wrong or allowed them to do something that violated rights the department bears the blame and they change the policy.
Example Garner vs Tennessee up until then you were allowed to shoot at any fleeing felon. So a Memphis PD officer shot a fleeing burglary suspect for only fleeing. Case when yup to the Supreme Court they said no that’s illegal and violates the 4th amendment so they immediately changed it and in the brief the USSC said you can only use deadly force on a fleeing felon if there is probable cause they they are a ranger to the community (like fleeing after he engaged anyone etc) but if they fled LE just to not get caught not legal.
They didn’t charge any officers that shot fleeing felons before the ruling as that was not the law until the ruling and was SOP for most departments in the nation. So agencies had to revamp policy and training.
So Qualified Immunity is actually a good thing. The bigger issue is Absolute Immunity that gives passes to Judges and Prosecutors that wrongfully charge convict or sentence folks and even when those folks cases is overturned there is nothing done to the Judges and or prosecutors.
As far as the hate on qualified immunity on what appears to be overzealous cops. That hate should be turned to The prosecutor as they are the ones that usually fail to charge the cops that do illegal stuff. They get fired at best if even that
The second issue is as someone involved I. police training the trend lately (last 25 years) but worse I. Places like Connecticut if they drill into the public and cops head gun = bad so agencies (or a lot of cops within) are already improperly hardwired to run that stuff up the flagpole
As far as qualified immunity it is actually more in the departments interest. it does not protect cops from illegal acts they commit. It only protects them is they are under or within the policy of their department. So if their department taught them wrong or allowed them to do something that violated rights the department bears the blame and they change the policy.
Example Garner vs Tennessee up until then you were allowed to shoot at any fleeing felon. So a Memphis PD officer shot a fleeing burglary suspect for only fleeing. Case when yup to the Supreme Court they said no that’s illegal and violates the 4th amendment so they immediately changed it and in the brief the USSC said you can only use deadly force on a fleeing felon if there is probable cause they they are a ranger to the community (like fleeing after he engaged anyone etc) but if they fled LE just to not get caught not legal.
They didn’t charge any officers that shot fleeing felons before the ruling as that was not the law until the ruling and was SOP for most departments in the nation. So agencies had to revamp policy and training.
So Qualified Immunity is actually a good thing. The bigger issue is Absolute Immunity that gives passes to Judges and Prosecutors that wrongfully charge convict or sentence folks and even when those folks cases is overturned there is nothing done to the Judges and or prosecutors.
As far as the hate on qualified immunity on what appears to be overzealous cops. That hate should be turned to The prosecutor as they are the ones that usually fail to charge the cops that do illegal stuff. They get fired at best if even that