3 ms·

If the damaged party tries to sue the police for the damage they caused, the police can get the case instantly dismissed underqualified immunity.

by Drakim 7mo ago

lightedman 7mo ago
Stealing things out of a person's fridge and eating it is not covered under qualified immunity.
- RIMR 7mo ago
  Making up details of the incident doesn't help either. They didn't eat anything, a cop just did a double-take at the lemon pound cake, and Afroman wrote a song about how they wanted to eat it.
- cobbzilla 7mo ago
  um it probably is. Wasn’t there a case a few years ago where a dispensary was raided and the cops stole marijuana, and got away with it due to QI.
dec0dedab0de 7mo ago
Qualified immunity just protects the police, and other government officials personally. If there is grounds for a lawsuit then he could still sue the government that employs the police department. I think in general, if it is a legit warrant, it is very difficult to win a lawsuit for damage. Though with that video, and how high profile this has been, he might be able to win something. though IANAL, and I'm just going off my gut.
- voxic11 7mo ago
  The government has sovereign immunity which is why you usually have to sue the people involved rather than the government directly.
  - ngetchell 7mo ago
    The government is sued all the time.
  - petcat 7mo ago
    Police departments are sued constantly. Most major police departments even have dedicated divisions set up just to assess and respond to lawsuits. Oftentimes by just knocking on the door and handing over a check.
  - dec0dedab0de 7mo ago
    I didn't know about sovereign immunity, but I just looked it up and there are exceptions to it. I think this one in particular could fall under a civil rights violation. People routinely get money from excessive force used by police officers, and I believe that does extend to property too. Qualified immunity means it is almost impossible to sue the officers directly, which is why so many people have a problem with it. Not only do taxpayers have to pay for the actions of a bad police officer, the officer themself isn't held responsible for their actions. On the other hand, you don't want officers afraid to engage with a dangerous situation because they might bankrupt their family if they do the wrong thing in the heat of the moment. It is a sticky situation, and before smartphones and body cameras there was no real way to know if an officer crossed the line. As technology improves, I expect there to be more personal accountability, while also allowing the officers enough leeway to do their jobs without hesitation.
  - tzs 7mo ago
    The federal government and a most state governments in the US have laws that waive or partially waive sovereign immunity for tort claims against the government. This raid was in Ohio. Here's their immunity waiver: https://codes.ohio.gov/ohio-revised-code/section-2743.02 https://codes.ohio.gov/ohio-revised-code/section-2743.02 Here's a page that links to a PDF with a table given cites and details for all 50 states: https://www.mwl-law.com/resources/sovereign-immunity-tort-liability-50-states/ https://www.mwl-law.com/resources/sovereign-immunity-tort-li...
    - voxic11 7mo ago

If the damaged party tries to sue the police for the damage they caused, the police can get the case instantly dismissed underqualified immunity.

by Drakim 7mo ago

If the damaged party tries to sue the police for the damage they caused, the police can get the case instantly dismissed underqualified immunity.

lightedman 7mo ago

Stealing things out of a person's fridge and eating it is not covered under qualified immunity.

RIMR 7mo ago
Making up details of the incident doesn't help either. They didn't eat anything, a cop just did a double-take at the lemon pound cake, and Afroman wrote a song about how they wanted to eat it.
cobbzilla 7mo ago
um it probably is. Wasn’t there a case a few years ago where a dispensary was raided and the cops stole marijuana, and got away with it due to QI.

dec0dedab0de 7mo ago

Qualified immunity just protects the police, and other government officials personally. If there is grounds for a lawsuit then he could still sue the government that employs the police department. I think in general, if it is a legit warrant, it is very difficult to win a lawsuit for damage. Though with that video, and how high profile this has been, he might be able to win something. though IANAL, and I'm just going off my gut.

voxic11 7mo ago
The government has sovereign immunity which is why you usually have to sue the people involved rather than the government directly.
- ngetchell 7mo ago
  The government is sued all the time.
- petcat 7mo ago
  Police departments are sued constantly. Most major police departments even have dedicated divisions set up just to assess and respond to lawsuits. Oftentimes by just knocking on the door and handing over a check.
- dec0dedab0de 7mo ago
  I didn't know about sovereign immunity, but I just looked it up and there are exceptions to it. I think this one in particular could fall under a civil rights violation. People routinely get money from excessive force used by police officers, and I believe that does extend to property too. Qualified immunity means it is almost impossible to sue the officers directly, which is why so many people have a problem with it. Not only do taxpayers have to pay for the actions of a bad police officer, the officer themself isn't held responsible for their actions. On the other hand, you don't want officers afraid to engage with a dangerous situation because they might bankrupt their family if they do the wrong thing in the heat of the moment. It is a sticky situation, and before smartphones and body cameras there was no real way to know if an officer crossed the line. As technology improves, I expect there to be more personal accountability, while also allowing the officers enough leeway to do their jobs without hesitation.
- tzs 7mo ago
  The federal government and a most state governments in the US have laws that waive or partially waive sovereign immunity for tort claims against the government. This raid was in Ohio. Here's their immunity waiver: https://codes.ohio.gov/ohio-revised-code/section-2743.02 https://codes.ohio.gov/ohio-revised-code/section-2743.02 Here's a page that links to a PDF with a table given cites and details for all 50 states: https://www.mwl-law.com/resources/sovereign-immunity-tort-liability-50-states/ https://www.mwl-law.com/resources/sovereign-immunity-tort-li...
  - voxic11 7mo ago