3 ways to ensure that rogue cops aren't above the law

[IronLionZion]

https://www.vox.com/2020/6/9/21284270/qualified-immunity-rogue-cops-justin-amash-8-cant-wait-supreme-court-justice-in-policing

Amid a national outcry over police brutality, qualified immunity, a once-obscure doctrine protecting government officials from being sued in federal court, is having a moment of infamy.

Qualified immunity is supposed to shield public officials from suits involving novel legal claims. But it can also protect police officers faced with rather shocking allegations of misconduct.

There are now two separate proposals in Congress and a raft of court cases hoping to alter or abolish qualified immunity. Though the full implications of these efforts to limit the doctrine vary, all of them would leave police with much less legal protection when officers violate the Constitution.

After two weeks of protests catalyzed by the death of George Floyd during an encounter with Minneapolis police officers, one of whom has been charged with his murder and three of whom have been charged as accomplices to murder, House Democrats united around a proposal to end qualified immunity for police officers. On Monday, House Speaker Nancy Pelosi (D-CA) and several other top Democrats unveiled a detailed criminal justice reform bill called the “Justice in Policing Act.”

Among other things, this bill would prevent state and local law enforcement and correctional officers from raising a qualified immunity defense in civil rights suits.

It's time to reform qualified immunity to hold these "bad cops" accountable for abuses

[Wounded Bear]

1. QI, much like 'states rights' has been used to shield much evil...

definitely needs looking into.

[IronLionZion]

2. Supreme Court Weighs Qualified Immunity For Police Accused Of Misconduct

https://www.npr.org/2020/06/08/870165744/supreme-court-weighs-qualified-immunity-for-police-accused-of-misconduct

The doctrine is called "qualified immunity." Developed in recent decades by the Supreme Court, the doctrine, as applied to police, initially asked two questions: First, did police use excessive force, and if they did, should they have known that their conduct was illegal because it violated a "clearly established" prior court ruling that barred such conduct.

[BComplex]

3. Well THAT'S bullshit!

"First, did police use excessive force, and if they did, should they have known that their conduct was illegal because it violated a "clearly established" prior court ruling that barred such conduct."

Should they have known???? They better fucking know!

But this shouldn't be just in civil rights cases. This should be abolished for ANY case of excessive force. There should never be "excessive" force, unless someone is shooting at them.

[csziggy]

4. A proposal I heard on NPR the other day was to require police to have liability insurance

Not the police departments, bu each individual officer. The idea is that insurance companies would refuse to cover officers who have incidents with settlements. Instead of those settlements coming out of the taxpayers' pockets, the insurance companies would have to pay so they would have a vested interest in moving the cops who are of significant cost to them out of police forces.

The flaw I can see is that police unions and "police benevolent" associations would have an even higher motive to cover up their members' crimes.

[IronLionZion]

5. It's way too easy to get away with crimes if you have a badge

and have unions and benevolent associations covering it up. There are many opportunities for reforms. But it looks like cost could be the factor where at some point the unions/associations would decide it's not worth protecting their worst offenders.

[csziggy]

6. True and that needs to change

Perhaps if the police organizations are the entities providing the liability insurance, the cost to their groups will push them to weed out bad officers. Unfortunately, medical malpractice insurance has not weeded out bad doctors, so I am not sure that it will work.

On a slightly different subject, I get calls from police groups asking for donations. Now, as soon as hear the organization name, I tell them "I do not donate to groups like yours. Take my name off your list and do NOT call me again." I should start noting the organizations and start suing them for harassment since they keep calling - but I am not certain it is the same groups or there are just dozens of organizations supporting cops.

[matt819]

7. So many opportunities for reform

The immunity thing is good.

But until that is accomplished in Congress, with all loopholes closed, I'd like to see every cop who indisputably commits a crime is charged. By indisputably, I mean on camera - body cams or public cams or phone cams.

One of the most important developments would be a national database of cops fired for brutality, even if they are not charged or convicted. This would be along the lines of a sexual predator registry. If you're fired for cause, you go on the database. And whoever hires you - committee, mayor, police board of some kind, police chief - is automatically charged with a crime, or fined, or something. There is so much more to be incorporated into this process, but you get the idea.

And so much more.