With police misconduct in the spotlight, the Supreme Court will consider whether to revisit its 50-year-old doctrine of 'qualified immunity' for officers, which has shielded cops from civil lawsuits even in cases where a citizen's rights have been violated
With police misconduct in the spotlight, the U.S. Supreme Court on Thursday will consider whether to revisit its 50-year-old doctrine of"qualified immunity" for law enforcement officers, which has shielded cops from civil lawsuits even in cases where a citizen's rights have been violated.
In one case, a Tennessee man suspected of burglary was mauled by a police dog that was released by officers after he was sitting on the ground with his hands raised in surrender. "It must be the case that this is weighing heavily on the justices' minds," said Schweikert."They are smart enough to recognize the direct connection between the doctrine of qualified immunity and the outrage over the lack of accountability for law enforcement motivating so many people to the demonstrations that we're seeing."
"Until we shift the focus of our inquiry to whether immunity existed at common law, we will continue to substitute our own policy preferences for the mandates of Congress," Thomas said."In an appropriate case, we should reconsider our qualified immunity jurisprudence." Regardless of the outcome in those criminal cases, the Floyd family may also choose to seek civil damages against the officers.
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