2 ms·
Sadly, the existence of a good faith version of the facts isn't really necessary for qualified immunity. You basically just need the court to say "there isn't a
by UncleMeat 2y ago
Sadly, the existence of a good faith version of the facts isn't really necessary for qualified immunity. You basically just need the court to say "there isn't a prior case with these exact facts demonstrating that it is a constitutional violation" and you are good to go.
Even if everybody with a brain can look at the facts and say "well that's obviously a violation of rights" the court can happily say "nope there is some minor factual delta that means that we haven't explicitly ruled on this exact circumstance so how could a cop ever know that they were violating rights?"
- collingreen 2y agoIt's wild that ignorance of the law is ONLY an excuse for trained law enforcement. The rest of us do not get that leeway.