Decades ago, the Supreme Court legislated qualified immunity into existence. And today, they dealt a major blow to anyone who was hoping for reform.
I wrote about why that matters. 🧵
reason.com/2021/10/18/sup…
I wrote about why that matters. 🧵
reason.com/2021/10/18/sup…
Qualified immunity allows state actors to violate your rights if the *exact* way in which they do so has not been ruled unconstitutional in a prior court ruling.
It's shielded cops who shot kids, stole huge sums of $$, & destroyed property. List goes on.
reason.com/2021/10/18/sup…
It's shielded cops who shot kids, stole huge sums of $$, & destroyed property. List goes on.
reason.com/2021/10/18/sup…
The idea behind qualified immunity is that no reasonable cop can be expected to know when they cross a constitutional line, unless there's an identical precedent outlining that misbehavior.
How on earth can we expect cops to know stealing is wrong??? reason.com/2021/10/18/sup…
How on earth can we expect cops to know stealing is wrong??? reason.com/2021/10/18/sup…
The Supreme Court recently seemed willing to rein in qualified immunity & the ridiculous idea that victims must find a matching precedent.
They overturned a ruling giving QI to prison guards who locked a naked inmate in cells covered in feces & sewage. reason.com/2020/11/20/qua…
They overturned a ruling giving QI to prison guards who locked a naked inmate in cells covered in feces & sewage. reason.com/2020/11/20/qua…
SCOTUS overturned *another* qualified immunity decision earlier this year, after a corrections officer pepper-sprayed an inmate for the fun of it. That he ever received it in the first place tells you everything you need to know about qualified immunity. reason.com/2021/02/23/sup…
But today, the Court gave qualified immunity to cops accused of brutality—overturning two decisions that did *not* give them the protections.
There were no identical precedents on the books, SCOTUS said, so the plaintiffs are out of luck. reason.com/2021/10/18/sup…
There were no identical precedents on the books, SCOTUS said, so the plaintiffs are out of luck. reason.com/2021/10/18/sup…
This is the most nefarious part of qualified immunity. Just ask Amy Corbitt, who wasn't allowed to sue the cop who shot & badly injured her 10-year-old child.
The court said the cop was wrong (obviously). But there was no identical precedent. Can't sue.
reason.com/2021/10/18/sup…
The court said the cop was wrong (obviously). But there was no identical precedent. Can't sue.
reason.com/2021/10/18/sup…
This shouldn't be partisan. Sonia Sotomayor, one of the Supreme Court's more liberal justices, is an outspoken critic of qualified immunity.
The louder critic: Clarence Thomas, the most conservative justice. reason.com/2021/07/02/cla…
The louder critic: Clarence Thomas, the most conservative justice. reason.com/2021/07/02/cla…
Qualified immunity is a disgrace. Congress won't do anything about it. And the Supreme Court, which created it out of nowhere, has just (in some sense) strengthened it.
It should not be this hard to hold the gov't to account when they violate your rights.
reason.com/2021/10/18/sup…
It should not be this hard to hold the gov't to account when they violate your rights.
reason.com/2021/10/18/sup…
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