Lynx Defense

Officer Friendly PIT's Woman when she does not pull over fast enough

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  • cycleguy2300

    TGT Addict
    Rating - 100%
    9   0   0
    Mar 19, 2010
    6,847
    96
    Austin, Texas
    You mean removing their civil immunity to lawsuit? How about background checks for cops so that they can't go on to another police force. I personally know of nurses that stole narcotics to be given to patients, were caught and fired, just to move onto another hospital and do it again.
    Lethal force for a traffic violation. Hard to believe.
    If any of you take the time to read this you will understand what qualified immunity is, why it is important to keep and why this officer's actions may not be protected by it.


    How Does Qualified Immunity Work?
    The landmark case of Harlow v. Fitzgerald (1982) articulated the modern formulation of qualified immunity that controls today. Jettisoning past precedent that examined the “subjective good faith” of the officer who committed the alleged violation, the Harlow court adopted a new test framed in “objective terms.” In Harlow, the court established that a plaintiff could overcome qualified immunity only by showing that the defendant’s conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Bottom line is this:
    Is a PIT at high speed deadly force?
    Was deadly force justified for someone slowing and moving over on a traffic stop?
    Y&Y officer is immune
    Y&N officer is not immune

    I don't that there is any question a PIT at 60mph is creating a risk of serious bodily injury or death among reasonable officers.

    Now I haven't watched the video but I struggle to see why deadly force could be considered reasonablefor a traffic violation, where the violator was already yielding to the officers show of authority any more than shooting someone who is calmly obeying commands with their hands in the air.

    Sent from your mom's house using Tapatalk
    Hurley's Gold
     

    rotor

    TGT Addict
    Rating - 0%
    0   0   0
    Nov 1, 2015
    4,238
    96
    Texas
    If any of you take the time to read this you will understand what qualified immunity is, why it is important to keep and why this officer's actions may not be protected by it.


    How Does Qualified Immunity Work?
    The landmark case of Harlow v. Fitzgerald (1982) articulated the modern formulation of qualified immunity that controls today. Jettisoning past precedent that examined the “subjective good faith” of the officer who committed the alleged violation, the Harlow court adopted a new test framed in “objective terms.” In Harlow, the court established that a plaintiff could overcome qualified immunity only by showing that the defendant’s conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Bottom line is this:
    Is a PIT at high speed deadly force?
    Was deadly force justified for someone slowing and moving over on a traffic stop?
    Y&Y officer is immune
    Y&N officer is not immune

    I don't that there is any question a PIT at 60mph is creating a risk of serious bodily injury or death among reasonable officers.

    Now I haven't watched the video but I struggle to see why deadly force could be considered reasonablefor a traffic violation, where the violator was already yielding to the officers show of authority any more than shooting someone who is calmly obeying commands with their hands in the air.

    Sent from your mom's house using Tapatalk
    FYI, I am not against qualified immunity for cops. I do think bad cops (any professional really) shouldn't be able to move and just be hired to do the same thing again. Cops, doctors, priests, whatever. Too many people are forced to resign their positions and do the same bad things in a new community. Happens all the time.
     

    DoubleDuty

    TGT Addict
    Rating - 100%
    2   0   0
    Feb 9, 2019
    3,738
    96
    DFW
    This cop showed that he has no common sense. When she put on her flashers and slowed that was definetly a sign that she was complying and looking to safely proceed. Being on a highway with a 70 mile an hour speed limit and at night makes it extremely dangerous for the police and the person being stopped where they are too close to the road.
     
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