Advertisement

Drudge Retort: The Other Side of the News
Tuesday, March 30, 2021

The city of New York moved to end qualified immunity, making it the first city in the United States to do so. Qualified immunity is the practice of not being able to file a civil lawsuit against a government official performing his or her official duties unless they "clearly established statutory or constitutional rights of which a reasonable person would have known."

More

Comments

Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

Related...

Unpacking a Decade of Appellate Decisions on Qualified Immunity
www.lawfareblog.com

...Prompted by several recent high-visibility killings by police officers, the U.S. civil rights enforcement regime is the subject of focused attention at the national, state, and local levels.

Much of the discussion has centered on the barriers that prevent victims of civil rights violations and their families from obtaining relief through civil litigation. Of all of these barriers, qualified immunity -- a powerful judicial doctrine that shields government officials, including those in law enforcement, from being held personally responsible for constitutional violations -- has received the lion's share of attention.

Broadly, qualified immunity can bar a damages remedy in civil rights cases even when plaintiffs can establish that their constitutional rights were violated; if defendants can show that the law governing their conduct was not "clearly established," they are entitled to immunity from suit even if their conduct violated the Constitution.

For this reason, the immunity doctrine has been the subject of withering criticism among policymakers, advocates, and academics who argue that the protection comes at too great a cost to justice and accountability....



Longish article but, imo, good background info...

#1 | Posted by LampLighter at 2021-03-30 02:17 PM | Reply

Can you paraphrase/simplify it for us lamplighter?

#2 | Posted by phesterOBoyle at 2021-03-30 05:06 PM | Reply

"...not being able to file a civil lawsuit against a government official performing his or her official duties unless they "clearly established statutory or constitutional rights of which a reasonable person would have known.""

What does this even mean? What test determines what is reasonable or not? Surely getting a mop handle shoved up your ---- while in custody is a no-no.

Is the statute/ordinance implying one needs a JD/LLB to be wise enough to know what the difference is between legal homicide, graphic physical abuse and torture, and a state-hired employee from innocently administering his/her duties?

I'm not an expert on human nature by any means, but qualified immunity seems like an easily abused get-out-of-jail card for potential and latent sadists. It's interesting that with so much accountability and oversight in most professions, that with one that affords the ability to batter and kill people with little recourse has been conceded and licensed for so long.

#3 | Posted by madscientist at 2021-03-31 12:46 PM | Reply | Newsworthy 1

Comments are closed for this entry.

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2021 World Readable

Drudge Retort