8 ms·

Regular LEOs advance the qualified immunity argument all of the time... Qualified Immunity/Harlow v. Fitzgerald is up there among the worst SCOTUS decisions of

• JumpCrisscross 3y ago
  > LEOs advance the qualified immunity argument all of the time This isn't that. Qualified immunity "grants government officials...immunity" [1]. Sovereign immunity is immunity for a state itself [2]. In 1946, the U.S. waived its sovereign immunity under the Federal Tort Claims Act [3] under certain circumstances. This case was about whether those circumstances were met. The court found it was. That means sovereign immunity is waived and the TSA isn't immune. It has zero bearing on the officer's own culpability. [1] https://en.wikipedia.org/wiki/Qualified_immunity https://en.wikipedia.org/wiki/Qualified_immunity [2] https://en.wikipedia.org/wiki/Sovereign_immunity https://en.wikipedia.org/wiki/Sovereign_immunity [3] https://en.wikipedia.org/wiki/Federal_Tort_Claims_Act https://en.wikipedia.org/wiki/Federal_Tort_Claims_Act
• mminer237 3y ago
  Qualified immunity is irrelevant here. Rape is in no way a discretionary job task, and a reasonable person would know it's illegal. I think half of people's outrage about qualified immunity is simply not understanding what it is.