cycleguy2300
TGT Addict
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.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.
What Is Qualified Immunity, and What Does It Have to Do With Police Reform?
The protests ignited by the police killing of George Floyd have put a spotlight on the legal doctrine of qualified immunity—one of many structural factors that makes it difficult to hold police officers accountable for wrongdoing.
www.lawfareblog.com
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