GUEST COMENTARY police law news Daniel Carr Dumb Comment of the Week. Goes to Wayne on Police Law News Facebook. To Wayne: Thank you for your submission. Your efforts in this regard were unmatched. Your comment had a special mixture of ignorance and arrogance. That is rare - even in today’s low IQ FB comment section. You stood out. Be proud of your achievement. Wayne does not understand Qualified Immunity. And that in itself, is no crime. There are many things that I do not have any knowledge of. I cannot tell you anything about cars, golf, baking, or the airspeed velocity of an unladen swallow. The difference is - I would never comment on the social media page of a master mechanic and tell him/her that they are installing a carburetor incorrectly. That would be idiotic. But, because people like Wayne have been able to watch NYPD Blue reruns for the last twenty years - they think that they know more about policing than they actually do. Watching Training Day for the 47th time is not equivalent to making it through a hiring process, police academy, and 16 The BLUES actually responding to calls for service. So, let’s help out Wayne here. Wayne is not the only idiot. QUALIFIED IMMUNITY In short - Qualified immunity (QI) is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff’s rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. But let’s talk about this concept as it relates to police officers. As no one reading this article gives a fuck about a city bus driver who gets sued for running over a cat. So, QI only protects police officers if they do not violate “clearly established” rights. So, all of the (arguably) bad cases that we know of: George Floyd, Tyre Nichols, Walter Scott, etc.… Are examples where police did violate “clearly established” rights - so these officers would not be afforded QI protection. Essentially, in these cases - QI is a moot issue - cops who commit crimes are not given protection under QI. QI does not protect police officers from: Internal investigations, discipline, suspension, or termination of employment. Prosecution for violations of state law. Prosecution for violations of federal law. The state “revoking” a law enforcement certification. A pension board denying benefits. The only thing that QI protects police officers from is civil lawsuits filed against them personally. And, again, only in cases where police
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