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Just a Man
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Discussion Starter · #1 ·
Read how the SCOTUS qualified immunity doctrine has gutted the standard of law enforcement accountability that Congress chose.....via Clark Neily, VP CATO Institute https://twitter.com/ConLawWarrior

https://thebulwark.com/to-make-police-accountable-end-qualified-immunity/

Here is a excellent Podcast with Clark Neily on Qualified Immunity -
https://www.bullshido.net/13-qualified-immunity-with-clark-neily-from-cato/

"In determining the relationship between government and governed, one of the most important decisions a society can make is how accountable those who wield official power must be to those against whom that power is wielded. Congress made a clear choice in that regard when it passed the Enforcement Act of 1871, which we now call "Section 1983" after its location in the U.S. Code.

But many conservatives do an odd thing: In their preference for a more forgiving policy that gives police and other government officials substantial leeway in the exercise of discretion, they abandon their stated commitment to textualism and embrace an "interpretation" of Section 1983 that is utterly divorced from its text. The vehicle for this conservative brand of what we might call "living statutory interpretivism" is the Supreme Court's qualified immunity doctrine, which judicially amends Section 1983 to provide that the standard for liability will no longer be the deprivation of "any rights"-as Congress expressly provided-but rather the deprivation of any "clearly established" rights."

SCOTUS Continues To Delay Qualified Immunity Cert Petitions
May 25, 2020
https://www.unlawfulshield.com/2020/05/scotus-continues-to-delay-qualified-immunity-cert-petitions/

As I discussed last week, the Supreme Court was scheduled to consider ten different qualified immunity cert petitions at its May 21st conference, including three petitions calling for qualified immunity to be reconsidered entirely.
 

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Just a Man
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Discussion Starter · #2 ·
Supreme Court Will Soon Decide Whether To Reconsider Qualified Immunity

Here's the complete list of the thirteen different petitions that have been distributed for the May 15th conference. In most of these cases, Cato filed an amicus brief in support of the petition, and in many of them, we either helped coordinate or took the lead on a "cross‐ideological brief," on behalf of a diverse alliance of organizations opposed to qualified immunity.

https://www.cato.org/blog/may-15th-...hether-hear-cases-calling-abolition-qualified
 

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"Violations of civil rights" and "qualified immunity" do not belong in the same sentence.
 

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Lawyer and Gun Activist
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From THE HILL website, June 10th.

Quote:
"Qualified immunity is emerging as a key sticking point in the congressional debate over reforming the police."

The legal doctrine, which can protect police officers from civil lawsuits, is facing fresh national scrutiny in the wake of George Floyd's killing in the custody of Minneapolis police.

But what, if anything, to do to change it is creating deep divisions in Congress, just as lawmakers are trying to find a larger deal.

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Sorry, no link to this one. I can't figure out how to copy the original link without Google hijacking it and inserting their own reroute.
 

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Lawyer and Gun Activist
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I would like to see the doctrine of qualified immunity cut back dramatically, and the law change to say that officers have to pay judgments out of their own pocket and their own pension, maybe with a cap -- up to 1/3 of their salary and or pension benefits.
 

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I would like to see the doctrine of qualified immunity cut back dramatically, and the law change to say that officers have to pay judgments out of their own pocket and their own pension, maybe with a cap -- up to 1/3 of their salary and or pension benefits.
It's easy to use your baton for an anal probe when the taxpayers are on the hook for your lack of judgement.
 
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GeePeeDoHolic
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There was a joke running among lawyers (inc. Gura) on Twitter. A video showed a cop on a horse bulldozing a protester from behind and walking over her. The joke was he gets off for QI. The only case law involved a cop on a burro.
 
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