Thread by @billybinion

Conservatives—& anyone who cares about limited government—should be first in line to reform qualified immunity. But there are so many misconceptions about how it works.

This @TomCottonAR op-ed on the subject is replete with misinformation. A thread.
nationalreview.com/2021/10/in-def…

Misconception #1: Qualified immunity is "essential to effective policing."

QI allows gov't officials to violate your rights with little fear of liability in civil court. To say it's essential is to say that cops need to be able to violate your rights to do their jobs. /2

Misconception #2: Qualified immunity protects good cops & punishes bad ones.

I've covered more cases than I can count of bad cops getting QI: ones who shot kids, set people on fire, committed theft, & beat people up. I outlined a bunch for @Newsweek. /3 newsweek.com/its-time-get-r…

I think about this case a lot: Over 24 cops got qualified immunity after throwing explosives into an innocent, 78-year-old man's home. They had the wrong house.

He couldn't sue. How on earth could any fan of *limited government* call that "reasonable"? /4
reason.com/2021/06/09/qua…

Misconception #3: Reforming qualified immunity would bankrupt officers.

From 2006-11, cops paid a whopping 0.02% of judgments against them because cities indemnify their employees. If an officer pays anything, it's a fraction of the settlement. Usually it's nothing at all. /5

Misconception #4: Those opposed to qualified immunity are targeting cops.

@TomCottonAR is right that other government officials are protected by certain immunities. And most every qualified-immunity reformer would tell you that's also a serious problem. /6

Here's one example: I wrote about some corrupt university administration officials who got qualified immunity after running right over a student's free speech rights. It drew the ire of Clarence Thomas, who is no left-winger. /7 reason.com/2021/07/02/cla…

Misconception #5: Qualified immunity only protects the "plainly incompetent." Anyone who beats up a suspect is liable!

I'm surprised this made it past an editor, because it shows a complete lack of familiarity with the case law. Examples in the next tweet. /8

QI for 4 cops who beat a man to a pulp after pulling him over for broken tail lights: reason.com/2021/05/19/qua…

QI for cop who kneed subdued suspect in the eye 20 to 30 times: reason.com/2020/08/19/qua…

QI for cops who unleashed K9 on surrendered man: reason.com/2020/06/15/pol… /9

Misconception #6: Qualified immunity reform isn't important bc bad cops are always prosecuted.

This is probably the most nefarious nugget in the piece. It is **exceptionally** rare for a cop to be prosecuted. That leaves civil court, which is often blocked off, thanks to QI. /10

Cotton goes on to cite Chauvin as proof the system is working as it should. That was one very high-profile exception to the rule.

Cops are almost never prosecuted & rarely face meaningful departmental discipline. I outlined some of that data here. /11 reason.com/2021/04/21/der…

Misconception #7: Qualified immunity is another term for "defund the police."

I can't believe I actually have to say this, but qualified immunity has absolutely nothing to do with "defunding the police." It's a popular buzzphrase though, & it helps stoke anxiety. /12

Qualified immunity emboldens the worst state actors. It makes a mockery of good cops. It tramples over the little guy.

Conservatives say they want to rein in abusive gov't. Gov't includes police. If @TomCottonAR understood QI, I have confidence he'd want to reform it. /end