Qualified immunity for cops

[Mircea]

Originally Posted by Du Ma

So if we get rid of QI for cops by suing them personally for punitive damages, does that mean cops can also sue people for punitive damages?

No, that's not how it works.

A police officer by definition holds him/herself out to be an expert.

Even if we were to accept the argument that the cop had no college education, the cop was thoroughly trained at the police academy in search and seizure, specially apply the State's statutes, the State's case law and federal court case law.

The cop receive additional instruction during his training period.

So, when the cop intentionally conducts an illegal search/seizure, what are we to think?

He doesn't understand?

Really? Then why is he wearing a badge?

The amusing thing is you wouldn't tolerate that from a doctor for even one second.

If a doctor didn't understand how to use surgical tools or didn't understand the procedure and butchered you, then what?

You gonna go home and sulk?

No, you're going to sue the doctor and do what you can to get his medical license revoked.

What recourse do you have with police?

None.

You can't sue, because the cop has Qualified Immunity.

What punishment does the cop get?

None.

The cop won't even get an oral reprimand.

If god himself comes down from his throne and performs and miracle and the cop actually gets a written reprimand, the union will make sure it goes into the cop's "unofficial" personnel file.

You know, so it doesn't harm his chances of promotion......to training officer.....where he can incorrectly teach even more cops how to conduct illegal searches/seizures to violate even more people's rights.



You start suing cops, garnisheeing their salaries and pensions and placing liens on their homes and the condos they have for their mistresses and that will make them think twice.

To answer your question directly, cops don't have legal standing as government employees.

That is not to say cops have no avenue of redress.

Cops get worker's compensation. Courts also award restitution which may address physical injuries or other losses.

[509]

The Democrats got rid of qualified immunity for Federal wildland fire fighters at the turn of the century.


The acreage burned sky rocketed as NOBODY was being aggressive in putting out fires. Thousands of Federal firefighters simply quit. For many Federal firefighters it is a "volunteer" assignment to you can refuse and they did.


Today, the majority of firefighters even on Federal fires are contract crews and state and local firefighters that still have qualified immunity through their state or local employer.


I suspect the results for police will be similar.

[rbohm]

qualified immunity needs to go away for cops, judges, and elected officials. in its place would be malpractice insurance like medical personal have to carry. taht way cops can be held accountable for their actions. it also means that cops can have criminal charges filed against them when they really screw up. and remember ALWAYS FILM THE COPS.

[Du Ma]

I find it funny that some idiots on c-d are comparing cops to judges/doctors. It's like their critical thinking isn't even there.

Do judges or doctors have to make life & death split- second decisions? If they hesitate to act, they will get killed/seriously injured? But if they act too fast, they will face felony murder charges and/or civil litigation ?