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Group of Democratic lawmakers to introduce legislation completely abolishing qualified immunity
washingtonexaminer.com ^ | March 2, 2021 | Michael Lee

Posted on 03/02/2021 6:42:09 AM PST by lowbridge

A group of Democratic lawmakers, including Sens. Elizabeth Warren and Ed Markey and Rep. Ayanna Pressley, are introducing legislation to end qualified immunity and open up law enforcement officers to civil liability.

The doctrine of qualified immunity “for too long has shielded law enforcement from accountability and denied recourse for the countless families robbed of their loved ones,” Pressley said. “There can be no justice without healing and accountability, and there can be no true accountability with qualified immunity.”

Pressley first joined former Michigan Rep. Justin Amash to introduce a similar version of the legislation last year as an amendment to the George Floyd Justice in Policing Act. But the amendment never made it into the final legislation as lawmakers opted for a version that opened up officers to the possibility of having to pay damages in civil suits, which current law protects officers from.

Qualified immunity has come under fire in the wake of Floyd’s death in police custody last year in Minneapolis, with critics saying the doctrine shields law enforcement officers from facing the consequences of police brutality.

“It’s time we end the outdated and judge-made doctrine of qualified immunity and start delivering accountability for the officers who abuse their positions of trust and responsibility in our communities,” Markey said of the effort. “There will not be true racial justice until we end qualified immunity.”

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: immunity; police; qualifiedimmunity
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1 posted on 03/02/2021 6:42:09 AM PST by lowbridge
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To: lowbridge

Then they should abolish it for themselves too


2 posted on 03/02/2021 6:43:34 AM PST by Skywise
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To: Skywise

Would it not apply to them since the Constitution allegedly prohibits congress from being exempt from laws?


3 posted on 03/02/2021 6:46:01 AM PST by MissEdie (Be the Light in Someone's Darkness.)
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To: lowbridge

“There will not be true racial justice until we end qualified immunity.”

There won’t be any cops either. Who in their right mind would take a job that involves physical confrontation and the possibility of injury or death without some sort of legal protection.


4 posted on 03/02/2021 6:48:39 AM PST by READINABLUESTATE (CENSORSHIP = VIOLENCE)
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To: lowbridge

“It’s time we end the outdated and judge-made doctrine of qualified immunity

Its also time we abolished the outdated doctrine of Socialism


5 posted on 03/02/2021 6:52:38 AM PST by PIF (They came for me and mine ... now its your turn)
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To: lowbridge
Excellent. Another example of judicial fiat.
6 posted on 03/02/2021 6:54:19 AM PST by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: lowbridge

If passed, first one up is the person who executed Ashli Babbitt.


7 posted on 03/02/2021 6:54:48 AM PST by Tench_Coxe
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To: READINABLUESTATE

Qualified immunity has been used for a long time to keep bad cops on the force. How about making cops carry liability insurance so the tax payer doesn’t get stuck paying for their illegal behavior. End the habit of allowing bad cops to resign during an investigation and be rehired in another police department. These types of reforms would go a long way in rebuilding trust.


8 posted on 03/02/2021 6:58:32 AM PST by soupbone1
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To: MissEdie

Elected individuals acting on the public behalf are rarely personally responsible for their actions.

See how many lawsuits are being filed against Democrat leadership for the shutdowns?


9 posted on 03/02/2021 6:58:44 AM PST by Skywise
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To: soupbone1

Not allowing cops to be rehired would be enough.

Qualified immunity exists for a reason and can easily be removed if there’s nefarious intent. (Which needs to be better enforced)


10 posted on 03/02/2021 7:00:00 AM PST by Skywise
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To: lowbridge

The fallacy of this argument is the families they reference already have legal rights they can pursue They can sue the city, county or state depending on the law enforcement entity. What will the ability to sue police officers help? Very few people will remain in law enforcement. And those that do will effectively be judgment proof as they will not have assets that will be attachable under most state homestead laws. This is virtue signaling at its best that will destroy law enforcement. Just plain stupid.


11 posted on 03/02/2021 7:03:05 AM PST by yukong ( )
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To: Skywise

Group of Democratic lawmakers to introduce legislation completely abolishing qualified immunity

Beats defunding the police. Why would anyone subject themselves to the financial loses from useless lawsuits from all those law sharks out there just waiting to ruin an officers life for the monetary gain.


12 posted on 03/02/2021 7:11:11 AM PST by JayAr36 (My disgust with government is complete.)
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To: lowbridge
A group of Democratic lawmakers, including Sens. Elizabeth Warren and Ed Markey and Rep. Ayanna Pressley, are introducing legislation to end qualified immunity and open up law enforcement officers to civil liability.

Qualified immunity should be abolished at all levels of government - including Congress.
13 posted on 03/02/2021 7:27:59 AM PST by AnotherUnixGeek
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To: Skywise

Then they should abolish it for themselves too

They are too damn stupid to know thats what they are doing. SCOTUS just opened the door for all politicians and their families to turn over their tax records. SCOTUS too damn dumb to know they are not immune. Love to see whats in Sortamanures, Keagan, and Souters taxes. See how much unkie Soros is paying them. Then go for a Roberts kill shot.


14 posted on 03/02/2021 7:33:19 AM PST by The MAGA-Deplorian (Sarcasm. It's my only natural defense against stupidity)
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To: READINABLUESTATE
There won’t be any cops either.

Prior to 1967 or so, there were no cops?

15 posted on 03/02/2021 7:38:13 AM PST by BlackbirdSST (If your home doesn't reek of Hoppe's, you ain't paying attention.)
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To: Skywise
It's not easy to strip Police from their qualified immunity. Courts require you to find a prior case that almost exactly mirrors the case you have. The verbal jujitsu the courts employ to justify not removing qualified immunity in egregious cases is mind numbing.

As an example a federal appeals court affirmed a lower court's ruling in favor of several prison guards who forced an inmate to sleep naked on the floor of a prison cell that was covered in human waste and raw sewage. The courts reasoning was the conditions did not violate the inmate's 8th Amendment right. The supreme court recognized the lunacy in this ruling and finally overturned the lower court. This may sound great, but only means the plaintiff can continue his case after many years of having justice denied.

Force cops to carry insurance like other professionals, stop allowing cops to quit during an investigation, and set a reasonable standard for qualified immunity. This type of action would begin to address many of the problems within the police departments.

16 posted on 03/02/2021 7:55:02 AM PST by soupbone1
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To: soupbone1
How about making cops carry liability insurance so the tax payer doesn’t get stuck paying for their illegal behavior.

I was an LEO for 25 years and always had my own professional liability insurance. I did not want my fate in the hands of the DOJ and the FBI Civil Rights Division.

17 posted on 03/02/2021 7:55:39 AM PST by usurper ( version )
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To: lowbridge

Every single cop in America should quit.

“Y’all don’t want us? Fine. Fend for yourselves.”


18 posted on 03/02/2021 8:01:26 AM PST by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: Lazamataz

“Fend for yourselves.”

I would but the damned cops won’t let me.


19 posted on 03/02/2021 8:10:35 AM PST by MercyFlush (Senator Joseph McCarthy was right. )
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To: lowbridge

Time to get in on the ground floor offering malpractice insurance for police officers!


20 posted on 03/02/2021 8:45:53 AM PST by Boogieman
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