Questions tagged [qualified-immunity]

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Are police allowed to be ignorant of the law?

As I understand it, the limited liability that police enjoy requires that people bringing civil cases against police must prove that the police officer should have had a reasonable knowledge of the ...
Neil Meyer's user avatar
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-3 votes
1 answer
105 views

How would a qualified immunity defense be defeated in the Cantu San-Antonio shooting? [closed]

Given the video shown in the recent Cantu San-Antonio shooting: https://www.cnn.com/videos/us/2022/10/08/san-antonio-police-shooting-teen-vpx.cnn How would the teenager's attorney overcome / nullify a ...
gatorback's user avatar
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24 votes
5 answers
5k views

What would happen if qualified immunity is ended across the United States?

There is a growing movement to eliminate qualified immunity for Police officers in the United States. What would happen from a legal perspective if this actually happened? Can officers be personally ...
Digital fire's user avatar
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2 votes
1 answer
59 views

Does qualified immunity apply in this circumstance?

If a police officer wilfully disregards their department's code on how to act in a certain situation (e.g. when to shoot), can they still be entitled to qualified immunity? Is there any case law on ...
BakedAlaska624's user avatar
1 vote
1 answer
96 views

Why couldn’t declaratory reliefs in U.S. courts be used as a way forward to stop law-enforcement violence and overturn “qualified immunity”?

Summary of judgement is easier to achieve for civil remedies against claims against the law enforcement since a very narrow construction is used for a wrong having to match the facts of a previously ...
kisspuska's user avatar
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2 votes
2 answers
125 views

Does qualified immunity protect p. officers from civil liability if found to have abetted conspiracy or maliciously falsified a criminal report?

Is there any cases that decided this question? Can the DA be sued if they know or should know and maliciously prosecute regardless in such a case? Primarily interested in the State of California.
kisspuska's user avatar
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4 votes
1 answer
206 views

Qualified Immunity in Wright Minnesota Shooting

https://abcnews.go.com/US/minnesota-police-officer-fatally-shoots-driver-traffic-stop/story?id=77013068 Given that a Minnesota policewoman used a firearm, when she verbally indicated she would Taser a ...
gatorback's user avatar
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0 votes
2 answers
211 views

Immunity for government officials

Officer Brian Sicknick was injured in the January 6, 2021 incident at the Capitol building. It is reported that he was struck on the head and later died of his injuries. Assume you are Donald Trump's ...
gatorback's user avatar
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