2 ms·
The court disagrees. Remember bad faith is a very high bar. You need to show he intentionally raided the wrong house. Incompetence and laziness ARE a valid def
by LatteLazy 5y ago
The court disagrees.
Remember bad faith is a very high bar. You need to show he intentionally raided the wrong house. Incompetence and laziness ARE a valid defence here.
Did he have something particular against this other house? Did he know the occupants? Did he profit somehow from raiding the wrong house?
Because if not, he's just a lazy, stupid person. Lazy and stupid is exactly what qualified immunity protects.
This actually works in the "victims" favour as well remember. If we decide the office is legally responsible, that means the state isn't. So the guy who now has 6 figure damages can only officer dumbass, net worth 4 figures or less. Being able to sue the state is a much better deal here.
- netizen-936824 5y agoPerhaps for monetary damages, but not for departmental change.
- LatteLazy 5y agoIsn't monetary damages exactly how you achieve change? The mayor and voters don't care if some moron gets locked up for this. They do care if the town budget collapses and taxes have to go up to pay for it.
- netizen-936824 5y agoHas that been happening with all the payouts? I haven't heard anything like that, and the people who do the violating get to keep on violating. Isn't that what law is meant to be about? Preventing and punishing harm.
- LatteLazy 5y agoI think reforms have been push by either big payouts or insurers refusing further coverage. According to this article, Chicago are taking it seriously: https://www.wsj.com/articles/police-rethink-policies-as-cities-pay-millions-to-settle-misconduct-claims-11603368002 https://www.wsj.com/articles/police-rethink-policies-as-citi... And again, what is the alternative? Make it a criminal case instead, send one moron to jail and nothing changes and no one gets compensation?
- netizen-936824 5y agoCompensation wouldn't be necessary if police were held personally accountable for their actions. There are literally no consequences.