Re:To Make Police Accountable, End Qualified Immunity
by WesternStar on Monday June 01, 2020 @04:24AM
(#23376363)
I'm for removing it entirely. We can build a new legal standard. The reasonable professional standard works fine for doctors.Seems like it should work fine for cops.
Re:To Make Police Accountable, End Qualified Immunity
by thephyber on Monday June 01, 2020 @04:20PM
(#23383283)
> The reasonable professional standard
I don't know much about it, but taking "qualified immunity", which is evaluated by prosecutors and DAs, and moving it to a police organization (expecting police to police the police) doesn't sound like an improvement.
Perhaps it would work if it was coupled with some sort of a complete overhaul in the culture of policing, but I don't see how the "culture" changes from the outside.
Re:To Make Police Accountable, End Qualified Immunity
by jonny_eh on Monday June 01, 2020 @01:28AM
(#23375676)
Who cares where the line is? It shouldn't exist.
Re:To Make Police Accountable, End Qualified Immunity
by thephyber on Monday June 01, 2020 @04:25PM
(#23383337)
Really? You don't think an arresting officer should be legally protected against frivolous lawsuits because they accidentally bruised the wrists of a non-compliant suspect in the act of handcuffing?
I'm more interested in hearing level-headed proposals.
Re:To Make Police Accountable, End Qualified Immunity
by jonny_eh on Monday June 01, 2020 @06:15PM
(#23384647)
> frivolous lawsuits
Let judges decide what lawsuits are frivolous.
To be fair, that officer was both fired and was arrested + charged, which in my understanding means neither the (mayor? department?) and the prosecutor do not think qualified immunity is merited in this case.
It does drive us to the important point: where is the threshold where qualified immunity is forfeited?