Qualified immunity is designed to protect all but the plainly incompetent or those who knowingly violate the law.
Law enforcement officers are entitled to qualified immunity when their actions do not violate a clearly established statutory or constitutional right.
Supreme Court Weighs Qualified Immunity For Police Accused Of Misconduct
POLICE HAVE QUALIFIED IMMUNITY
With the country awash in protests over the death of George Floyd.
The U.S. Supreme Court is examining a modern-day legal doctrine created by judges that has shielded police and other government officials from lawsuits over their conduct.
The doctrine is called “qualified immunity.”
Developed in recent decades by the Supreme Court, the doctrine, as applied to police, initially asked two questions:
First, did police use excessive force, and if they did,
Should they have known that their conduct was illegal because it violated a “clearly established” prior court ruling that barred such conduct.
The idea behind the doctrine was to protect police from frivolous lawsuits and allow some “breathing room” for police mistakes that involve split-second judgments that are made in tense and dangerous situations.
DAWG SAYS: I PERSONALLY DO NOT WANT POLICE OFFICERS CONSTANTLY BOMBARDED WITH PETTY LAWSUITS AS HARRSSMENT.
BUT THIS ISSUE HAS BEEN OUT OF CONTROL FOR SOME TIME BY A MINORITY OF OFFICERS.
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