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Re:New Mexico is the second state to ban qualified immunity by Ceezy on Thursday April 08, 2021 @08:59AM (#26738153)
If you are a private security agent for a mall what's the difference with a cop patrolling a mall?

In sectors where private compete with public that's very difficult to understand why people should be regulated by different laws.

Re:New Mexico is the second state to ban qualified immunity by koheripbal on Thursday April 08, 2021 @09:22AM (#26738380)
People doing their jobs and receive training should be personally immune from legal liability. That liability should be held by their employer.

...which is generally how it works, though it's not as strongly codified as it is with qualified immunity.

If you're saying we should expand qualified immunity, I agree.

Re:New Mexico is the second state to ban qualified immunity by dragonwriter on Thursday April 08, 2021 @10:13AM (#26738904)
> People doing their jobs and receive training should be personally immune from legal liability. That liability should be held by their employer.

They aren’t, outside of government-agent immunities.

> ...which is generally how it works, though it's not as strongly codified as it is with qualified immunity

No, it is not how it works. The idnividual agent is generally personally liable, but the employer generally is often also liable for the torts of its agents under the principle of respondeat superior, or more directly if it also checks all the boxes for having committed a tort without considering that principle.

Re:New Mexico is the second state to ban qualified immunity by rdtwo on Thursday April 08, 2021 @10:04AM (#26738795)
The problem comes when the people doing their jobs are also abusing their power for personal gain or vendetta and can’t be punished.
Re:New Mexico is the second state to ban qualified immunity by voxic11 on Thursday April 08, 2021 @11:28AM (#26740005)
Did you even read the bill? That is exactly what it does

> INDEMNIFICATION BY PUBLIC BODY.--A judgment awarded pursuant to the New Mexico Civil Rights Act against a person acting on behalf of, under color of or within the course and scope of the authority of the public body shall be paid by the public body.

Re:New Mexico is the second state to ban qualified immunity by Ceezy on Thursday April 08, 2021 @10:25AM (#26739082)
I think it's more about finding the right middle ground than anything else. So expanding is good if people are still responsible in a way.

I agree that a lot of time the institution are liable (mostly for ordering people to achieve impossible target).