Questions tagged [qualified-immunity]
11 questions
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Are police allowed to be ignorant of the law?
As I understand it, the limited liability that police enjoy requires that people bringing civil cases against police must prove that the police officer should have had a reasonable knowledge of the civil rights that they accuse him of breaking, for…
Neil Meyer
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What would happen if qualified immunity is ended across the United States?
There is a growing movement to eliminate qualified immunity for Police officers in the United States.
What would happen from a legal perspective if this actually happened?
Can officers be personally sued?
Can officers be personally sued for cases…
Digital fire
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USA - can police be criminally charged with false imprisonment for a retaliatory arrest?
For example, say a police officer arrests someone for giving them the finger. As I understand it this action is protected under the first amendment.
Can any criminal charges be brought against an officer that does this?
Ameet Sharma
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How can government immunity for violating constitution be constitutional?
If a law nominally exists, but is supplemented with immunity for violating it, does the law effectively exists? "Thou shalt not kill, but if you kill, that's OK, no repercussions whatsoever."
I am puzzled how the qualified immunity for violating…
Michael
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Qualified Immunity in Wright Minnesota Shooting
https://abcnews.go.com/US/minnesota-police-officer-fatally-shoots-driver-traffic-stop/story?id=77013068
Given that a Minnesota policewoman used a firearm, when she verbally indicated she would Taser a fleeing suspect. Assume there is no malice or…
gatorback
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Does qualified immunity apply in this circumstance?
If a police officer wilfully disregards their department's code on how to act in a certain situation (e.g. when to shoot), can they still be entitled to qualified immunity?
Is there any case law on the granting of qualified immunity when an officer…
BakedAlaska624
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Does qualified immunity protect p. officers from civil liability if found to have abetted conspiracy or maliciously falsified a criminal report?
Is there any cases that decided this question? Can the DA be sued if they know or should know and maliciously prosecute regardless in such a case?
Primarily interested in the State of California.
kisspuska
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Why couldn’t declaratory reliefs in U.S. courts be used as a way forward to stop law-enforcement violence and overturn “qualified immunity”?
Summary of judgement is easier to achieve for civil remedies against claims against the law enforcement since a very narrow construction is used for a wrong having to match the facts of a previously ruled case. Therefore, challenging qualified…
kisspuska
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Immunity for government officials
Officer Brian Sicknick was injured in the January 6, 2021 incident at the Capitol building. It is reported that he was struck on the head and later died of his injuries.
Assume you are Donald Trump's attorney and he anticipates being sued for…
gatorback
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Would a person have any recourse if a cop slashes their tires out of the blue for no reason?
(I'm not asking for personal legal advice, nor am I involved in this situation)
In a video posted to Instagram Reels (and on Reddit), a Seattle Police Department officer can be seen slashing the rear tire of a minivan after another officer…
cocomac
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How would a qualified immunity defense be defeated in the Cantu San-Antonio shooting?
Given the video shown in the recent Cantu San-Antonio shooting:
https://www.cnn.com/videos/us/2022/10/08/san-antonio-police-shooting-teen-vpx.cnn
How would the teenager's attorney overcome / nullify a Qualified Immunity Defense? Are there any…
gatorback
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