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It wouldn't matter if it was "somebody's fault." In a two tier society like the US (the govt class vs the productive class) the government class protects their
by muaytimbo 4y ago
It wouldn't matter if it was "somebody's fault."
In a two tier society like the US (the govt class vs the productive class) the government class protects their own with made up legal doctrine like "qualified immunity" which gives them carte blanche to steal, rape, and murder the productive class.
If the blame were to lie with one single individual at the FBI who committed multiple crimes effecting this illegal search that person would still not be held accountable by the courts, the FBI, nor any other government agency.
- vkou 4y agoQI doesn't protect the government, you can still sue it for violating your rights. QI protects agents of the government, you can't personally sue a cop for violating your rights. (Either because he was following illegal orders, or because he's an idiot who doesn't know/doesn't care about the law.) You are correct that QI was a legal fabrication, and is in its current form an incredibly poor one at that.
- dragonwriter 4y ago> QI doesn't protect the government, you can still sue it for violating your rights. Sure, QI doesn't protect the government, but sovereign immunity does. > QI protects agents of the government, you can't personally sue a cop for violating your rights. Yes, you can. And you can win in some cases. But, if they were within the scope of non-discretionary job duty, even if illegal, though, they are protected by absolute immunity, if their act was an illegal exercise of discretion but not within a pattern unambiguously previously litigated as such, they are protected by qualified immunity. > You are correct that QI was a legal fabrication It is no more or less a “legal fabrication” than, say, the exclusionary rule.