4 ms·

>There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call." And there are also many i

by leptons 2mo ago

>There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call." And there are also many instances of the city being sued, those cops being sued, losing qualified immunity, losing their jobs, etc, because we do still have recourse when cops do the wrong thing. If your rights were violated, you stand to get a big payout, and get the cops fired that violated your rights. We aren't powerless, yet.

pstuart 2mo ago
Or your family gets the payout because the cops killed you.
WaxProlix 2mo ago
Can you link to some of these cases of cops losing qualified immunity? It's an area in interested in but I understand that to be a vanishingly rare outcome - like only in very egregious cases, not just for run of the mill rights violations.
- exogenousdata 2mo ago
  In case this isn't a bot and simply someone unfamiliar with the internet search, here is a snippet from the Google AI results when searching for the phrase, "list of US court cases where police lost qualified immunity." -------- A federal court denies qualified immunity when an officer’s conduct violates a clearly established constitutional right or when material facts remain heavily disputed for a jury. While appellate and district courts routinely evaluate these claims, absolute lists contain thousands of entries because denials typically happen at the lower or circuit court levels rather than as sweeping national precedent.[0] Notable Federal and Supreme Court Cases Denying Immunity Taylor v. Riojas (2020): The U.S. Supreme Court summarily reversed a lower court and denied qualified immunity to correctional officers who housed an inmate in shockingly filthy, human-waste-packed cells for days, ruling that the extreme conditions-violating the Eighth Amendment-needed no prior identical precedent.[1] King v. Brownback (Sixth Circuit): The 6th U.S. Circuit Court of Appeals denied qualified immunity to members of a joint law enforcement task force after they aggressively tackled and beat an innocent man (James King) outside a convenience store when they mistook him for a suspect.[2] Schroeder v. City of Des Moines (2022): The Eighth Circuit Court of Appeals ruled that three police officers were not entitled to qualified immunity after conducting an unlawful, suspicionless car stop and subsequent arrest based on an unverified temporary license plate.[3] Glover v. City of Jackson (2024): A federal district court famously rejected a detective’s qualified immunity defense in a major civil rights action involving fabricated evidence and malicious prosecution, highlighting systemic flaws in the doctrine itself.[4] [0] - https://ij.org/press-release/massive-new-study-reveals-that-qualified-immunity-is-about-more-than-police-misconduct/ https://ij.org/press-release/massive-new-study-reveals-that-... [1] - https://leb.fbi.gov/articles/featured-articles/qualified-immunity-today https://leb.fbi.gov/articles/featured-articles/qualified-imm... [2] - https://ij.org/case/king-v-brownback/ https://ij.org/case/king-v-brownback/ [3] - https://iowaappeals.com/uncategorized/three-des-moines-police-officers-denied-immunity-by-u-s-court-of-appeals-in-traffic-stop-case/ https://iowaappeals.com/uncategorized/three-des-moines-polic... [4] - https://eji.org/news/federal-court-denies-qualified-immunity-and-explains-doctrines-fatal-flaws/ https://eji.org/news/federal-court-denies-qualified-immunity...
  - antiframe 2mo ago
    Did you read your [2] citation? While the 6th court denied immunity, they tried to claim a different immunity. Upon appeal to the Supreme Court, the SC said you settle it without immunity first, the 6th court did not take that advice. Sounds like they used a different law. I am not familiar with the case, but from my reading IJ is still trying to fight the immunity. > Instead, the high court asked the Sixth Circuit to decide the issue first. Rather than seriously engaging with the issue, as the Supreme Court asked, the Sixth Circuit unthinkingly applied outdated caselaw, becoming the sixth federal appeals court to do so. Now, IJ is asking the Supreme Court to weigh in and deny the government one of its many tools to avoid the Constitution
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pyth0 2mo ago
> And there are also many instances of [...] those cops being sued, losing qualified immunity, losing their jobs Not really, the data points the other way. Cops basically never have to actually pay for their wrongdoings. Over 99.98% of money successfully recovered from cases against police is paid out by the cities, not cops personally [1]. A considerable number of cops that are fired are also eventually rehired by the same department [2] or a different one [3]. So I don't think it's that clear that you "have recourse when cops do the wrong thing". [1] https://nyulawreview.org/wp-content/uploads/2018/08/NYULawReview-89-3-Schwartz.pdf https://nyulawreview.org/wp-content/uploads/2018/08/NYULawRe... [2] https://scholarship.law.vanderbilt.edu/vlr/vol74/iss4/4/ https://scholarship.law.vanderbilt.edu/vlr/vol74/iss4/4/ [3] https://yalelawjournal.org/pdf/GrunwaldRappaportArticle_s6branzy.pdf https://yalelawjournal.org/pdf/GrunwaldRappaportArticle_s6br...
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_heimdall 2mo ago
It isn't foolproof though, and police and DAs have incentive to both work together and to look the other way. Note I also didn't say the problem is rampant. I take issue that its possible at all, and that it isn't a 100% success rate of holding police to account, especially when most are required to wear body cameras today.

by leptons 2mo ago

pstuart 2mo ago

Or your family gets the payout because the cops killed you.

WaxProlix 2mo ago

Can you link to some of these cases of cops losing qualified immunity? It's an area in interested in but I understand that to be a vanishingly rare outcome - like only in very egregious cases, not just for run of the mill rights violations.

exogenousdata 2mo ago
In case this isn't a bot and simply someone unfamiliar with the internet search, here is a snippet from the Google AI results when searching for the phrase, "list of US court cases where police lost qualified immunity." -------- A federal court denies qualified immunity when an officer’s conduct violates a clearly established constitutional right or when material facts remain heavily disputed for a jury. While appellate and district courts routinely evaluate these claims, absolute lists contain thousands of entries because denials typically happen at the lower or circuit court levels rather than as sweeping national precedent.[0] Notable Federal and Supreme Court Cases Denying Immunity Taylor v. Riojas (2020): The U.S. Supreme Court summarily reversed a lower court and denied qualified immunity to correctional officers who housed an inmate in shockingly filthy, human-waste-packed cells for days, ruling that the extreme conditions-violating the Eighth Amendment-needed no prior identical precedent.[1] King v. Brownback (Sixth Circuit): The 6th U.S. Circuit Court of Appeals denied qualified immunity to members of a joint law enforcement task force after they aggressively tackled and beat an innocent man (James King) outside a convenience store when they mistook him for a suspect.[2] Schroeder v. City of Des Moines (2022): The Eighth Circuit Court of Appeals ruled that three police officers were not entitled to qualified immunity after conducting an unlawful, suspicionless car stop and subsequent arrest based on an unverified temporary license plate.[3] Glover v. City of Jackson (2024): A federal district court famously rejected a detective’s qualified immunity defense in a major civil rights action involving fabricated evidence and malicious prosecution, highlighting systemic flaws in the doctrine itself.[4] [0] - https://ij.org/press-release/massive-new-study-reveals-that-qualified-immunity-is-about-more-than-police-misconduct/ https://ij.org/press-release/massive-new-study-reveals-that-... [1] - https://leb.fbi.gov/articles/featured-articles/qualified-immunity-today https://leb.fbi.gov/articles/featured-articles/qualified-imm... [2] - https://ij.org/case/king-v-brownback/ https://ij.org/case/king-v-brownback/ [3] - https://iowaappeals.com/uncategorized/three-des-moines-police-officers-denied-immunity-by-u-s-court-of-appeals-in-traffic-stop-case/ https://iowaappeals.com/uncategorized/three-des-moines-polic... [4] - https://eji.org/news/federal-court-denies-qualified-immunity-and-explains-doctrines-fatal-flaws/ https://eji.org/news/federal-court-denies-qualified-immunity...
- antiframe 2mo ago
  Did you read your [2] citation? While the 6th court denied immunity, they tried to claim a different immunity. Upon appeal to the Supreme Court, the SC said you settle it without immunity first, the 6th court did not take that advice. Sounds like they used a different law. I am not familiar with the case, but from my reading IJ is still trying to fight the immunity. > Instead, the high court asked the Sixth Circuit to decide the issue first. Rather than seriously engaging with the issue, as the Supreme Court asked, the Sixth Circuit unthinkingly applied outdated caselaw, becoming the sixth federal appeals court to do so. Now, IJ is asking the Supreme Court to weigh in and deny the government one of its many tools to avoid the Constitution

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pyth0 2mo ago

> And there are also many instances of [...] those cops being sued, losing qualified immunity, losing their jobs Not really, the data points the other way. Cops basically never have to actually pay for their wrongdoings. Over 99.98% of money successfully recovered from cases against police is paid out by the cities, not cops personally [1]. A considerable number of cops that are fired are also eventually rehired by the same department [2] or a different one [3]. So I don't think it's that clear that you "have recourse when cops do the wrong thing". [1] https://nyulawreview.org/wp-content/uploads/2018/08/NYULawReview-89-3-Schwartz.pdf https://nyulawreview.org/wp-content/uploads/2018/08/NYULawRe... [2] https://scholarship.law.vanderbilt.edu/vlr/vol74/iss4/4/ https://scholarship.law.vanderbilt.edu/vlr/vol74/iss4/4/ [3] https://yalelawjournal.org/pdf/GrunwaldRappaportArticle_s6branzy.pdf https://yalelawjournal.org/pdf/GrunwaldRappaportArticle_s6br...

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_heimdall 2mo ago

It isn't foolproof though, and police and DAs have incentive to both work together and to look the other way. Note I also didn't say the problem is rampant. I take issue that its possible at all, and that it isn't a 100% success rate of holding police to account, especially when most are required to wear body cameras today.