Resolved: The Supreme Court Should Overrule Qualified Immunity [21st Annual Faculty Conference]

[@piyel456]

the time to get rid of Qualified Immunity has never been better than today

[@juandoe2994]

First we need to demolish the police union

[@mlcook5872]

Qualified Immunity should have been abolished in 2015 when Tony Timpa from Dallas, a young, affluent, Caucasian who had schizophrenia was off of his med and needed help so he phoned the police to help him. The police (3 of them) murdered him with the same technique as George Floyd. The difference is the cop had his knee on Tony's back for 13 minutes while he begged for help well, until he was silent. The cops laughed and made fun of him the entire time. After they murdered him they sanitized the paper work, lied to his mother. His Mom had to hire a lawyer to get answers. It took months. Finally a local news station obtained the body cam videos which showed the cos torturing and murdering him from 3 different angles. Nothing was done to the murdering cops as Qualified Immunity protected them. I believe had the law been abolished when this happened and if CNBC, FOX and CNN had aired it maybe Mr. Floyd would be alive today and the riots would not have happened. Tony's mother can't receive compensation because if this corrupt out dated law that provides a protective shield for law enforcement. Qualified Immunity MUST BE ABOLISHED NOW! REFOFM IS NEEDED ALONG WITH EDUCATION. All law enforcement MUST BE HELD ACCOUNTABLE FOR THEIR ACTIONS. lf they are concerned that there will be frivolous lawsuits then they can buy insurance as doctors, nurses, hair dressers and other professionals do. The police have 3 months of training on average and they need 3 YEARS. They need to be SCREENED and possess a MATURE PERSONALITY.. l think there is to much cop rage going on in this country. TRANSPARENCY IS A MUST. BODY CAMS SHOULD BE WORN AT ALL TIMES NO EXCUSES. A woman was tased 3 times by 4 cops after they claimed she made suicide threats. Up until that pont everything was being recorder but the video was conveniently off whe she supposedly made the comment and they tased her 3 time stating she wouldn't sit in the chair when in fact one of her torturers was holding her head so she couldn't sit down. She was arrested because she wouldn't step back on the sidewalk while trying to take care of her dog. These thugs should have been fired immediately. These things happen on a daily basis. If it is allow to continue the next time the protesting and riots will be in everyone's back yard and l am not exagerating. The people are fed up and we may not gain control the next time. Justice will be served for Mr. Floyd but NO justice has come to Tony's mother because of Qualified Immunity. End it now before it's to late.

[@patrickdecambra2219]

I was a victim of a crime the police officer came up to me told me to give me my ID. Out of reflex I said what crime do you think I committed or I'm about to commit. He said I didn't break the law but he needed my ID to take my statement. I told him he didn't need my ID to take my statement and I will tell him my name and address and birthday. He would have none of that, his supervisor came and backed him up. By the end of it the man who had assaulted me and my dog was let go and I was placed in handcuffs. The police in my town arrested the victim of a crime. There was video tape the police officers saw the man reach down pick up my dog and throw him. I grabbed the man out of reflex and he proceeded to kick my ass. The cops got there and arrested me. I will find no remedy in the courts for this. Qualified immunity has to go.

[@SirNic4180]

The reason the guy on the left wants Congress to handle it. He knows that it will never go anywhere in Congress.

[@falcon127]

SCOTUS

[@ROneil-hq6uy]

I'm glad this is so funny to all of you. After being tortured by 6 Williamson county deputies being injured with no recourse and no one will help you isn't funny.. it's hell

[@sommershultz1311]

The state should b held to a higher standard and should b liable for misconduct and he is saying we should find out if our state was being devious really wow no argument and yet you hold citizens to the highest standards when taking us to court big big problems here this needs to b reversed

[@MrSlicky77]

We the people can not use ignorance of the law as a viable defense, so how does a person that is out there upholding laws, use ignorance of the law as a shield from prosecution?

[@therugburnz]

When cops violate rights or harm people them being sued is not what want. I want Criminal Charges. Somebody dies because of a wrong address, I want manslaughter convictions for the person that made the errors be it the cop that asked for the wrong address or the cop that told the other ten, "yep, that's the right house". No knock no announce warrants must go.

[@scottcartwright9008]

Qualified immunity need to end

[@falcon127]

LEGAL CRIMINALITY BY GOVERNMENT NEEDS TO END! FOLLOW THE CONSTITUTION: THESE RIGHTS ARE SELF EVIDENT! THAT MEANS THEY ARE ALREADY QUALIFIED AND ALREADY CLEARLY ESTABLISHED! (QUAL IMM), IS RHETORIC BY GOVERNMENT TO JUSTIFY (BY GOVT.) THAT THE LAW DOES NOT APPLY TO THEM. THIS IS ILLEGAL. FOLLOW THE CONSTITUTION. THE HIGHEST LAW IN THE LAND.

[@redmercury1159]

the reason these laws are deemed "unclear" is because they are 1500 pages of complicated language when they could just cut to the chase using just a few sheets of paper. they deliberately complicate constitutional laws so that we the people need a lawyer to understand them. yet these laws are set in place for the people. it should be written so that anyone can understand them. the laws passed in congress are usually more than a thousand pages long of mind numbingly complicated language i am surprised anyone knows what the hell is going on. who knows what they are sneaking into these bills. this is why i am glad we have a private citizen in the white house and not a politician. he speaks in a way that the people understand. and this is what scares the opposition.

[@brycewickham3426]

Who cares if he has to lie, cheat and steal to get it done right? Right?

[@edwardmiessner6502]

Your "private citizen" in the WH wants the police to commit police brutality! Google "Please don't be too nice!"

[@billbutler9122]

Watch KZbin videos on traffic stops, photographing public places and being stopped by tyrant, overbearing, demanding, make up a charge cops!

[@robertbutler8004]

Bill Butler agreed QI was not needed before 1983 and it is not needed now.

[@brianjacobsen5762]

If supreme court judge. Got pulled over had the shit kicked out of him. By stormtroopers. He got a taste of the cover up. He might consider it.

[@MrSlicky77]

And why would they overrule something that protects them from pretty much anything that could put them in prison.

[@jimmyhoffman6932]

I am dealing with people who think they have immunity and they did as long as I was ignorant of the law, I'm not ignorant any more. I have been trying by using the law to make these people see reason, they wont. I have prepared my case and was ready to go to court when I realized you can't make unreasonable people see reason. I have to file criminal charges against them showing that they do not have immunity, the crimes they have committed and I am the victim who they damaged with their lawlessness. I will promise them that I will see them as the defendants in a criminal case. Donald Trump is draining the swamp in DC, I'm going to start draining the swamp in my state. Will you do the same in your state? It's the only way we are going to take our country back.

[@robertbutler8004]

The states have the power to remove qualified from their police officers without the Supreme Courts intervention.

[@jweir123]

This shouldn't even be a debate. The supreme rule of America is the Constitution. If its not in the Constitution it should be thrown out. When law makers make law they need to base any laws on The Constitution; no other source, common law, etc. States and Federal Government should and Shall work for the People. Period!

[@DeRocco21]

right to privacy isnt in the constitution its in the penumbra of it

[@robertbutler8004]

Slowly but surely things are changing for the better, So far only Connecticut has passed a new law As of July 2021, police officers there will have to pay own lawsuits, and related damages, if a court decides that the officer engaged in the malicious or willful act. For all other folks living in other states, you need to flood call your lawmakers and demand the same and possibly these changes might only happen due to the exposure of corrupt cops by individual auditors.

[@ericharrison6418]

Maybe officers should have an insurance plan linked to their pensions. Or any insurance plan in the case of poor outcomes due to negligence similar to physicians insurance for malpractice.

[@wertiaaudit5746]

👍

[@raross6119]

Absolutely should watch 24 hours of videos to see what they have done

[@joeewell4846]

Over the years we have while we have seen the concept of Qualified Immunity expanded and limited, in both scope and application, the general concept of qualified immunity, while having much foundation in English Common Law (ECL), remains ONLY within that sphere. We as a Nation were founded upon a Constitution, a WRITEN CONSTITUTION, so that we need to now adhere more to the Written than to the Common.

[@2Truth4Liberty]

Qualified immunity, like warrant exceptions, exclusionary rule, etc. are not per se in the constitution but neither are they per se unconstitutional. The Constitution embodies many principles and rights which, depending on circumstances can conflict. The Court draws these doctrines as a matter of natural necessity to implement the Constitution as a cohesive law. -- That said, the Court's 2 step qualified immunity test should go back to when courts could not choose to simply skip step 1 or, at the very least, provide guidelines so that the courts cannot skip step 1 except in limited circumstances.The Court would probably have done this already but doing this means they would then be in the position of having to tinker with a new 3 step doctrine. A new Step 1 being to determine if the court can skip step 2 before going to step 3. -- I think the Court likely does recognize that the, now, widespread practice of skipping step 1 effectively allows qualified immunity to act as perpetual immunity which is little different than absolute immunity.

[@2Truth4Liberty]

@Dick Sapp Sort of. The Tenth Amendment reserves the State's use of police power to the State.

[@edwardmiessner6502]

I think the new Step 1 should be Did the officer act in good faith? I.e. was neither negligent nor malevolent (acted with animus or otherwise with a total disregard to the victim or survivor's rights and safety). If he did not act in good faith then Step 2 cannot be skipped.

[@2Truth4Liberty]

@@edwardmiessner6502 If you plausibly allege an animus claim like retaliation for complaining (i.e., protected speech) then there is clearly established law against that and qualified immunity would be denied. If you are talking about animus(bad faith) used in circumstances where the right was not clearly established, then the court would never accept your new Step 1 because anyone can ALLEGE BAD FAITH and thus anyone could prevent qualified immunity in every single case.

[@amikestand5148]

A violating officer costs the city more than the people pay them. Police become a liability if bad cops are allowed to have the city bail them out. They would act within the constitution knowing it will cost them

[@jonathancrosby1583]

I'm sorry but what happened to ignorance of the law is no excuse for breaking it

[@ronnyrono782]

It doesn't have to be a case of all or nothing.Cops need to be protected. Cops also need to br more answerable for egregious misconduct

[@jefflong7568]

I would like to bring to the forefront the argument of constitutional due process to not only qualified immunity but also the administrative state. "We the people" are the final say when it comes to interpreting the constitution. The government was set up as a Constitutional Republic and defined the role of our branches of Government. I do not understand how so much of the Legal system has missed the biggest and most powerful check of the government. In 1794 Judge Weist Sitting on the Supreme Court of the State of South Carolina, in the case of Zilstra v. Corporation of Charleston SC 1794 Gave a decision that defined due process and specifically the right to a jury of your peers not only to give judgement where the government has

[@MrSlicky77]

So basically the people in government are saying, we have no laws to follow as we the people do. 🙄

[@daveponder2754]

Qualified immunity was intended (suppossedly) to protect public servants from honest minor mistakes, and frivolous lawsuits. In reality "qualified immunity" is in fact practiced as absolute impunity. Access to a Court already biased in favor of protecting public servants from wrongdoing is no access at all. Citizens have a fundamental constitutional right to a fair and reasonable court system. This right is based on the First, Fifth and Fourteenth Amendments to the Constitution. Bias toward a class of individuals, or other fellow public servants is de facto denial. Ample case law exists defining this issue. Judges engaging in such bias can and should be reported, and if at all possible removed (violation of their Oath of Office). Three States have dropped qualified immunity so far with 21 more considering like legislation. Furthermore legislation is needed to formally stop SCOTUS from usurping powers not specifically granted, such as legislating from the bench as was done with qualified immunity.

[@HairForceOneTre45on]

Did this guy really theorize that congress will let the citizens suffer constitutional violations because holding the police liable costs too much?

[@8aleph]

St Brianna had a propensity for Drug dealers

[@mccabeianenator]

Have you found that over the years, the more you did FOR FREE for your public-servants, the more ungrateful, thankless and abusive they have become, so may we politely suggest the following good mental health de-escalation-for-remedy? THE TRUST IS COLLAPSED....in other words, you are no longer granting any more credit. If the policeman is not lawfully investigating the crime on behalf of the male/female victim and is entering YOUR company jurisdiction without you summonsing them, then would it not be advisable to be politely placing YOUR public-servants/trustees, whom are acting rogue, under your notification that you charge $911 per hour for YOUR time and also $777 for YOUR performance.... and that any further communicating with you, is with them accepting the terms & conditions of the commercial contract IN THE PRIVATE (the cop and their CHIEF and their POLICE UNION is now with PERSONAL liability.... because Notice-to-Agent-is-Notice-to-Principal...and also through JOINDER...and they also lose their qualified immunity) This way, you are NOT resisting/refusing to obey/comply with their orders/demands/policy /questions, because you are now willing to perform WITH THE CONDITION that payment is with you immediately, because you have NO CONFIDENCE with them administrating YOUR trust! THE PUBLIC TRUST IS COLLAPSED...Why is YOUR company issuing them extra credit? Are YOU not the grantor and the beneficiary of YOUR trust? ...making them the trustees, whom are with their fiduciary obligation and duty-of-care to be NOT causing you injury nor damage nor loss nor harm. Is THEIR job YOUR job? Is THEIR company policy YOUR company policy? not unless and until they are PAYING for your company time & performance THE CONSTRUCTIVE TRUST IS COLLAPSED...YOU are no longer performing free-of-charge! You may be willing to pursue the matter through the small-claims-court and/or through arbitration which is held in-the-private because PUBLIC court is only for the PUBLIC servant. YOUR TRUST FUND IS NOW WITH RESTORATION....YOU are now making money from every encounter with YOUR trustees because the days of doing something with them for free are over. PS-Be the polite BUSINESS man with your trustees by COUNTER-charging.

[@williammckown1736]

If you held the cops accountable things would be better. make all cops pay. take it out of their pension funds or the unions pockets. After all the unions keep the bad cops on the job. The thin Blue line would get really thin. Then maybe for once , the decent police officers would turn on the bad cops that's out there. They all look the other way which makes them guilty by association as I've heard cops say against people that associate with criminals

[@gsojohn5079]

I have professional and personal insurance for risk. Explain why gov't agents should not have the same. QI is actually or perceived as privilege for the elite. It is very divisive.

[@MrSlicky77]

If they don't listen to our first, then it's time for them to feel our second.......js

[@billmcconnell1837]

Removing qualified immunity may lead to more expensive lawsuits OR the governments can train officers better in simple constitutional laws. They did with Miranda. Where they feel the sting of having to do the right thing, eventually they will learn. And América will be a better nation for it.

[@ericharrison6418]

When you are a hammer everything is a nail. Judges wouldn’t exist without conflicts to solve, police wouldn’t exist without criminals, and banks wouldn’t exist without way of generating currency where there is none. Their nature is to find what creates continuity to their professions.

[@jimda4910]

It's mid February, 21 Supreme Court said last week, we will not be reviewing any of the cases of qualified immunity this year. End of story Dead Issue.

[@olysean92]

This is why the Battle of Athens is the way.

[@8aleph]

You lawyers want to abolish qualified immunity because it stops your ability to sue small towns into bankruptcy.

[@travisjohnson6676]

Maybe the town leaders will then hire competent, reasonable, non thug-like cops and the cops themselves will act as if they will be held accountable for their actions (because they will be)

[@whiteblack5441]

please refer to youtube post at "taylor vs. riojas"