Re:New Mexico is the second state to ban qualified immunity
by stormbrew on Thursday April 08, 2021 @03:18AM
(#26735986)
> That is exactly how it works today. Once you have been found guilty in a criminal court, you no longer have any protections against civil cases.
I don't think this is true?
The test is much more narrow than this. You could potentially be convicted of a crime even if you didn't have a reasonable belief that you were doing so, but qualified immunity explicitly dictates that you have to be intending to break the law or that your actions both violate a law and that there is extremely clear precedent that they do so.
That seems, unusually for civil cases, to be a much higher bar than criminal conviction requires.
I don't think this is true?
The test is much more narrow than this. You could potentially be convicted of a crime even if you didn't have a reasonable belief that you were doing so, but qualified immunity explicitly dictates that you have to be intending to break the law or that your actions both violate a law and that there is extremely clear precedent that they do so.
That seems, unusually for civil cases, to be a much higher bar than criminal conviction requires.