3 ms·
Qualified immunity does only give protection from civil liability, not criminal. However civil lawsuits can be brought by the victim. Criminal lawsuits have t
by btilly 5y ago
Qualified immunity does only give protection from civil liability, not criminal.
However civil lawsuits can be brought by the victim. Criminal lawsuits have to be brought by the state. Which usually will mean the District Attorney. Who normally has a close relationship with the police and should be assumed to be reluctant to bring cases against them.
Therefore, in practice, civil law is the only meaningful remedy. So qualified immunity has been a huge civil rights problem since it was invented in 1982.
(Not a lawyer, but I like to read. BTW it could be worse - look up judicial immunity some time. Corrupt judges truly have nothing to fear from their corruption.)