Re:I Face Investigation for Terrorism
by dragonwriter on Wednesday October 25, 2023 @06:25PM
(#38019127)
> In USA if police doesn't know it breaks your rights it cannot be sued directly. Qualified immunity I think.
This is a misstatement of the rule. Qualified immunity applies if the alleged action would not have violated a "clearly established Constitutional right", which does not depend on the personal knowledge of the individual being sued. (It's also applies to all public employees/officers, not just police, though its application in the domain of policing has frequently been controversial.)
In USA if police doesn't know it breaks your rights it cannot be sued directly. Qualified immunity I think. So ignorance is a shield if you have a shield.