THREAD: Yet another rogue cop received qualified immunity yesterday.
The judge writing for the majority didn't actually want to grant it. He was forced to, and he had some choice words for everyone involved. It’s a stunning opinion.
My latest @reason:
reason.com/2020/08/05/ano…
The judge writing for the majority didn't actually want to grant it. He was forced to, and he had some choice words for everyone involved. It’s a stunning opinion.
My latest @reason:
reason.com/2020/08/05/ano…
The case surrounds a cop, Nick McClendon, who pulled over a man, Clarence Jamison, to conduct a drug search, which resulted in damage to Jamison's car. McClendon told Jamison he’d received a call that he had “10 kilos of cocaine.”
McClendon never actually received that call.
McClendon never actually received that call.
But McClendon proceeded to search anyway for almost two hours, because why not? He even called in a canine, because why not?
No drugs were found, because Jamison is not, in fact, a drug dealer. But McClendon did manage to cause $4,000 in damages to Jamison’s vehicle.
No drugs were found, because Jamison is not, in fact, a drug dealer. But McClendon did manage to cause $4,000 in damages to Jamison’s vehicle.
Jamison will receive no compensation because McClendon is protected by qualified immunity, the doctrine that shields officers from accountability if their misconduct has not already been spelled out almost exactly in previous case law.
It's a disgrace.
It's a disgrace.
Judge Carlton Reeves said as much. But his hands were tied: "This Court is required to apply the law as stated by the Supreme Court...Under that law, the officer who transformed a short traffic stop into an almost two-hour, life-altering ordeal is entitled to qualified immunity.”
This isn’t a first. Qualified immunity has protected cops who stole $225k, a cop that shot a 10-year-old, and a cop that shot a 15-year-old.
Apparently they need court precedents to tell them that doing things like stealing and shooting children are wrong.
Apparently they need court precedents to tell them that doing things like stealing and shooting children are wrong.
@justinamash introduced legislation with @RepPressley to abolish the doctrine. @SenatorBraun introduced reform in the Senate. It will go nowhere, because Congress is theatre.
The Supreme Court has declined to hear a slew of qualified immunity cases and instead punted back to Congress.
That would usually make sense. But the Supreme Court *created* qualified immunity in a terrible ruling decades ago. They made this mess, and they should fix it. /end
That would usually make sense. But the Supreme Court *created* qualified immunity in a terrible ruling decades ago. They made this mess, and they should fix it. /end
