2 ms·
Then the US congress should make a statute to better delineate the limits of the qualified immunity.
by anticensor 4y ago
Then the US congress should make a statute to better delineate the limits of the qualified immunity.
- ajross 4y agoQI isn't a law, though, that's the thing. SCOTUS just made it up in 1967. I mean, actually there already is a law. A common sense reading of "No State shall [...] deny to any person within its jurisdiction the equal protection of the laws" would be interpreted to mean that cops and non-cops can be liable for the same things in the same ways. But no, cops are special, and not because congress legislated a particular regulation regime, but just because the civil rights era court thought it was unfair to cops to hold them liable for arresting black protesters without cause. [1] Too lazy to cite the actual law. Finding it is left as an exercise for the reader.