This case epitomizes why qualified immunity should be completely done away with.
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Indeed. QI is one of the few places where I find my opinion to be counter to justice Thomas. He is far too willing to give the police state the benefit of the doubt.
> This case epitomizes why qualified immunity should be completely done away with. <
I’m actually in favor of qualified immunity when a cop has to make a snap decision while under pressure. It should be abolished otherwise.
So if a cop casually decides to do the wrong thing (no time pressure), his qualified immunity should be gone.
In the Uvalde case, suppose a cop hears gunfire and he retreats to assess the situation. Qualified immunity. But then he stays outside and does nothing while children are being slaughtered. No qualified immunity. He should be open to a personal lawsuit.
Should such a lawsuit should be successful? That’s a whole other discussion.