qualified immunity part 2

qualified immunity part 2

Qualified immunity cover to int victims so- i had a case of not that long ago that- involved a young lady getting arrested because the warrant had her name on it but it was for a different person who had her first and last name and- she tried to explain to the officers that no that's not me the other person has a different birthday she's twenty years older than me she's bigger than me.

And they they don't really care they just arrest there anyway and they try to claim qualified immunity because they were saying look they're just doing their jobs but once they were put on notice that they had the wrong person and it didn't even bother to do a cursory check on a social security number date of birth any for biometrics of you know that that whole defense kind of went out the window and so they were forced to pay.

On that way but if you look at some of the recent cases of the shootings that we've been having around the country their their raises some real tough issues of how to qualified immunity get implement their.

There are these questions of fact about you know with the shooting in atlanta well mister brooks you know the there's a question whether not the taser could even have been fired again he was running away and so- it becomes very difficult to play out the whole well what should the office have known at that time and that gives rise to one of the biggest criticisms. that qualified immunity- is attacked by and that is that the way it's invalid by the courts is that an order or qualified immunity to fail you have to basically have a case already on the books that is so close to the fact pattern in question so as to be able to say- the officer should have known that this particular act that he was taking was not going to be a kosher with that previous case law.

And so the criticism is that well most start with the but there isn't case law that's exactly like that though it ends up giving up i saw this idea that well the person's free but the first time the ops wanted apple in your rights as long as it's a little bit another key piece.

Get a lot.

And that's a good offer.

And it becomes very difficult.

To parse out the right way to implement.

This idea of qualified because why it's- to something good in noble.

The way has been emblem.

In the up being on like.

Where they're not.

Thinking about in terms of competing the equities against each other.

And instead of just taking a very.

Small minded approach of light well if we can't find a case that particular specifically says they can't do this.

Then we're gonna act like they can until.

The first time where it comes up.

That we- start reading it.

And articulating in a way that.

Goes back to that initial balancing act up look what should the cops are reasonably known at the time when they were doing whatever they were doing verses the rights involved of the of the public and- i don't know if we're gonna get that it looks like we're we're the pendulum is swinging too far back in the other direction.

And so i don't