Re:New Mexico is the second state to ban qualified immunity
by mschuster91 on Thursday April 08, 2021 @04:07AM
(#26736259)
> The purpose of qualified immunity is to permit officials to carry out their discretionary duties without fear of personal liability or harassing litigation.
> It applies to all parts of government. Didn't get the building permit for your kids horse barn? Sue the planning commission members individually. Animal control writes you a citation for Puddles not being on a leash? Unleash the lawyers. Health department gave your wine bar a bad rating? Sue the inspector personally.
In Germany, police officers (and other government officials) only have personal liability if they intentionally act against the law or are grossly negligent in following their duties. The scenarios you describe would lead to all these lawsuits being thrown out in court as frivolous.
The correct way to appeal against executive decisions (the denial of building permit, the citation for your unleashed poodle or the bad health rating for the bar) is to file a suit at an administrative court ("Verwaltungsgericht"). Plead your case there and the court can override the executive decision.
> It applies to all parts of government. Didn't get the building permit for your kids horse barn? Sue the planning commission members individually. Animal control writes you a citation for Puddles not being on a leash? Unleash the lawyers. Health department gave your wine bar a bad rating? Sue the inspector personally.
In Germany, police officers (and other government officials) only have personal liability if they intentionally act against the law or are grossly negligent in following their duties. The scenarios you describe would lead to all these lawsuits being thrown out in court as frivolous.
The correct way to appeal against executive decisions (the denial of building permit, the citation for your unleashed poodle or the bad health rating for the bar) is to file a suit at an administrative court ("Verwaltungsgericht"). Plead your case there and the court can override the executive decision.