Police Reform: Qualified Immunity (1 Viewer)

[JimEverett]

I am hearing a lot of people agreeing with Justice Clarence Thomas and advocating for the elimination of qualified immunity across the board and especially in police misconduct cases. I agree as well.
Basically, qualified immunity means that a cop is immune from civil liability when he or she violates a persons constitutional rights when the right violated has not been a clearly articulated right. There are a lot of problems with this legal concept and hopefully, it is nearing its end.
But I also hope that municipalities begin to back off union contracts that have the taxpayer foot the bill for police misconduct. I think using qualified immunity concepts might be good. Meaning that city contracts with the police union that it will pay judgments when an officer violates a person's constitutional rights only when the officer violated a right that was not clearly articulated - or something to that effect. Otherwise, the city can come after the officer to pay the judgment.

 

[B4YOU]

While we are talking much needed police reform, "no knock warrants" and civil asset forfeiture needs to made illegal too.

I think QI falls lower on the list of needed reforms than these two items.

States will pay for removing QI one way or another. If implemented, then police will need liability insurance. Unions will demand compensation from states for this in the form of higher wages. If states push the QI reforms government-wide, then every state employee is now personally subject to lawsuit. I don’t know if this is the best route for police/govt reform.

 

[Saintamaniac]

If states push the QI reforms government-wide, then every state employee is now personally subject to lawsuit. I don’t know if this is the best route for police/govt reform.

Why would states push QI reforms for all of government. DMV employees never broke into someone's house and shot anyone while they were sleeping and got away with it. People at the state office never claimed to have feared for their life and then proceeded to shoot an unarmed citizen.