Questions tagged [qualified-immunity]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
0 votes
2 answers
342 views

Would a person have any recourse if a cop slashes their tires out of the blue for no reason?

(I'm not asking for personal legal advice, nor am I involved in this situation) In a video posted to Instagram Reels (and on Reddit), a Seattle Police Department officer can be seen slashing the rear ...
cocomac's user avatar
  • 362
18 votes
1 answer
5k views

USA - can police be criminally charged with false imprisonment for a retaliatory arrest?

For example, say a police officer arrests someone for giving them the finger. As I understand it this action is protected under the first amendment. Can any criminal charges be brought against an ...
Ameet Sharma's user avatar
24 votes
3 answers
9k views

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
  • 4,879
-3 votes
1 answer
106 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
  • 7,145
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
  • 5,469
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
97 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
  • 3,924
2 votes
2 answers
137 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
  • 3,924
4 votes
1 answer
208 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
  • 7,145
0 votes
2 answers
221 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
  • 7,145