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.)
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.)