Rethink Qualified Immunity?

Discussion in 'Firearm Related' started by Nemo, Jul 12, 2019.

  1. Nemo

    Nemo Man of Myth and Legend

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    Is it time for SCOTUS to do that?

    Nemo


    https://news.yahoo.com/dreadful-police-shooting-highlights-change-195725567.html


     
  2. a_springfield

    a_springfield Well-Known Member

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    Michael Vickers

    What is it with that name makes you hate dogs.


    Seriously if you or I did that we would be charged with at least negligent discharge
     

  3. Clark

    Clark Well-Known Member

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    Qualified immunity is just that "qualified" as in qualified on an officer acting within their job. This punk was clearly outside the bounds of its job and clearly liable. Qualified immunity itself is fine, but the law actually has to be upheld.
     
    Wheedle likes this.
  4. moe mensale

    moe mensale Well-Known Member

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    I disagree. It's basically a "get out of jail free" card that allows malfeasance, misfeasance and nonfeasance to go unpunished. Uphold the law but why should a cop get a pass on something that another citizen would get arrested for? An immoral or unethical action shouldn't be allowed to stand. I don't care what "color" it is.
     
    Baba Yaga likes this.
  5. Nemo

    Nemo Man of Myth and Legend

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    Why do you think cops become cops?

    Nemo
     
    MRD likes this.
  6. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    The most amazing part about this is that Yahoo is still around as business....
     
    StarJack likes this.
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    why not extend qualified immunity to everyone? " Th law" can simply say that nobody can be held liable for doing something that wasn't clearly established to be wrong at the time.

    But now, looking back at it, and considering how things turned out in that situation (armchair quarterbacking), from this point forward we will say that it was wrong to do that. So if the same thing happens again, we can say that the yet-unidentified future defendant violated a "clearly established" duty in the law.
     
  8. Clark

    Clark Well-Known Member

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    That may be how it's being currently applied, but that's not what the law is. The law is for cases like a police officer is struggling with a suspect and the suspect breaks their leg, the suspect can't then sue for damages. Or if a suspect is running through yards and the police is behind them and steps in your orchids, you can't sue the officer for damages. Now if the former was an illegal arrest, or in the latter there weren't exigent circumstances (like if he was just on patrol and decided to step through your garden), that's different, the officer most definitely should be liable for both of those.
    We partially have that, stand your ground and all that goes with it.
     
  9. Savannah Dan

    Savannah Dan Cross-drawer

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    The last comment on the article, "BLACK LABS MATTER !"
    :rotfl:
     
  10. moe mensale

    moe mensale Well-Known Member

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    Then the law should be changed. The cases where we've seen qualified immunity abused are for far more egregious actions than breaking Tyron's leg or crushing Miss O'Reilly's flowers.
     
  11. moe mensale

    moe mensale Well-Known Member

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    So is AOL. And I've had my email account with them for around 30 years! :cpubeatme:
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :woohoo:
     
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  13. Clark

    Clark Well-Known Member

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    Re-read what I wrote, I said that's how it's being currently applied. Change the illiterate, incompetent judges and prosecutors. That's where the change has to happen.
     
  14. Baba Yaga

    Baba Yaga Active Member

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    More than willing to here anyone with a plan of action.
     
  15. Clark

    Clark Well-Known Member

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    Can we get random questions on ballots? Seriously, like could we petition to get a "Do you wish to make a vote of no confidence in the state supreme court?" on the ballot for next election? Would be legally meaningless, but may send a message to those brain-dead bozos. I actually thought it up a few days ago in context of the atlanta and dekalb governments, get a "vote of no confidence" question on the local ballots, but it could work here.
     
  16. jgullock

    jgullock Active Member

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  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    • Corbitt v. Vickers. This is the case where the Eleventh Circuit granted immunity to a deputy sheriff who shot a ten‐year‐old child lying on the ground, while repeatedly attempting to shoot a pet dog that wasn’t posing any threat. The plaintiffs in both Zadeh and Corbitt are now represented by Paul Hughes, who filed cert petitions on November 22, 2019, each of which asks “[w]hether the Court should recalibrate or reverse the doctrine of qualified immunity.” Cato submitted briefs in both cases, this time taking the lead on the cross‐ideological brief, whose signatories also included the Alliance Defending Freedom, the American Association for Justice, the ACLU, Americans for Prosperity, the Due Process Institute, the Law Enforcement Action Partnership, the MacArthur Justice Center, the NAACP, Public Justice, R Street, and the Second Amendment Foundation.
     
  18. OWM

    OWM Well-Known Member

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    That explains much!:D
     
  19. jrm

    jrm Sledgehammer

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    The deputy was 18 inches from the child at the time of the shooting. And the child was lying face down at the ground, in his parents backyard, when deputies entered the front yard to apprehend a suspect unrelated to that household and who was not posing a threat and was compliant.
     
    Last edited: Apr 30, 2020
  20. jrm

    jrm Sledgehammer

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    At the time of the shooting, the suspect was handcuffed, on the ground, with another deputy holding a gun in the suspect's back.