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I would assume (taking the lazy way of not checking) that this is an issue of qualified immunity for law enforcement officers. Qualified immunity is a judge-cr
by steve_g 5y ago
I would assume (taking the lazy way of not checking) that this is an issue of qualified immunity for law enforcement officers. Qualified immunity is a judge-created doctrine that allows police and other government officials to avoid any consequences for clearly bad acts. Any intelligent 10-year old could see that it's unjust for a citizen to pay for the cop's mistake in this situation. Qualified immunity says, "if there is no specifically on-point existing legal ruling that states the behavior violates the constitution then the government official is not responsible.
Everyone else is expected to use their brains and be responsible for the consequences of their actions. Government officials are not. This is not an issue of computer failures being treated differently than other high-consequence failures. This an issue of government failure getting a pass.
Qualified immunity is a corrupt and depraved element of the US legal system.
- alisonkisk 5y agoNo. Qualified immunity protects individuals from liability from the state's mistakes. It's similar to how you are not liabile for hurting someone while you are doing your job properly, and why you can't sue a Comcast customer service rep for stealing your money in a billing error. Sovereign immunity (the principle that the state rules over all so no one can force the state to do anything) protects the state from liability from its own mistakes. You can only sue the state if the state decides to allow it.