3 ms·
Which is what qualified immunity stands in the way of.
by monocasa 3y ago
Which is what qualified immunity stands in the way of.
- klyrs 3y agoJust spitballing here... report it, and file a class action against the DA if they don't prosecute?
- monocasa 3y agoThat has not just qualified immunity, but also straight up standard sovereign immunity. On top of that, the courts are very much against messing with prosecutorial discretion. They view it as a separation of powers issue.
- codingdave 3y agoIANAL, but doesn't that require good faith? Shakedowns carried out by off-duty cops don't seem to be acting in good faith.
- monocasa 3y agoSort of, but not in a way you'd expect. It presupposes that they don't know what's good faith or not without explicit cases on the subject in that jurisdiction. So qualified immunity squashes new cases that haven't been exactly covered, but also typically doesn't create new case law on that subject meaning that police can continue doing that 'possibly' bad behavior.
- codingdave 3y agoOh, man... That is a disappointing way for things to work. So how would one go about pursuing a complaint in a way that would get case law to exist for a specific scenario?
- vkou 3y agoStart by getting 5 supreme court justices willing to overturn old precedents on board. The last time this was discussed was in 1982, with an 8-1 decision that strengthened qualified immunity.