Qualified immunity, explained
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- Опубликовано: 22 июл 2024
- Eliminating qualified immunity is on the list of demands from protesters and activists asking for reforms to how police are held accountable for violating the constitutional rights of civilians in the United States. Read more: wapo.st/39K2bkW. Subscribe to The Washington Post on RUclips: wapo.st/2QOdcqK
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Don't forget "Judicial Immunity" for judges and prosecutors
Yes they actually have absolute immunity 😢😮
The biggest problem in America this specifically is why we have no accountability.
So qualified immunity is not even a law? Supreme Court over stepped their boundaries. The qualified immunity itself needs to be challenged.
Yes sir that'd exactly what happened
I think todays supreme court, if it got the right case, would overturn qualified immunity. I personally thing law enforcement should get slightly more protection from lawsuits than regular citizens as there job requires them to operate on the limits of the law day in and day out; however, qualified immunity has become a monster and needs to be orders of magnitude weaker.
@@crissd8283 The problem here is people look at police officers like they are any different than any other person on the street. Look at your language above with the term "regular citizens". Police are regular citizens and they should be responsible for their actions. Doctors have to carry malpractice insurance for when they F up. seems simple for the police unions to put together an insurance policy for the cops. They'll self correct if it starts coming out of their own pocket.
@@dusbus2384 doctors aren’t necessarily concerned with their patients stabbing or shooting them in a split second.
@@wldktz1 and all civilians are concerned when every officers that occasionally does power tripping for ego boost has get out of the jail free card haha
It's just another way of saying some people are above the law. If you went to a police academy for six months you couldn't possibly do anything wrong and are highly ethical.
6 months if we're lucky...
I have a friend who attended the police academy (he is a former police officer before he left to become a lawyer) and asked him how much law the police learn and this was his answer: *"nothing lol, **_literally_** none at all."*
@@johnherrera01
Law enforcement.. one would think you'd need to know about something to be able to enforce it.
Guess I'll go get a job as a brain surgeon.
@@johnherrera01 weird …. Every police training facility I’ve looked into across multiple states will usually have something akin to this…..
Legal knowledge: Learning state ordinances, local laws, and constitutional law. Recruits will also learn about the basic functions and processes of the legal system.
Our rights aren't worth the paper they are written on *if the cops are not held accountable for violating them.*
Abolish qualified immunity immediately!
Amen they should be held like every citizen on this planet
Abolish self defense immunity and Good Samaritan laws!
Police unions would demand it back " for the sake of the widow's son"
@@probro9898Nope it exist for a good reason.
Lets say, cop catches a shoplifter, puts him in cuffs and arests him.
During the process the shoplifter suffers minor bruises, because he resists the arrest.
Afterwards the shoplifter sues the cop, because he got hurt.
The case is obvious BS but the cop still has to hire a attorny the fight the case.
Expecting that something like this will happend like once a week, the cops will go bankrupt from paying there lawyers.
Peolpe do mistakes thats normal for humans, the problem for cops is that a minor mistake can ruin there lifelyhood, therefor they need some sort of protection.
@jonasstahl9826 I don't doubt that they require "some kind of protection" - but this goes way beyond what is reasonable. It also allows no precidents to be set for future judgements. If not outright abolished, it certainly needs to be reformed.
Judges and lawyers also have too many privileges.
That is the most absurd statement. What privileges do members of the state bar have that you don't that aren't provided in conjunction with responsibility that you actually don't have?
@@dapv144 - You cant be this naive and stupid.
@@dapv144 obviously you have never been prosecuted and had to fight criminal charges before.
@@miguelrobb5719 I've had the honor and fear of being on both sides. If you could find it in you, please provide some basis for this accusation. What are these privileges that are not being provided to everyone else? If you can name one that doesn't have a special responsibility associated with it I will concede any argument forthright.
@@dapv144 Judged and lawyers have real immunity. If they let a clearly guilty person off they are not held liable at all. Not even if it's proven and clearly negligent. Cop got gunned down by a violent convicted felon who was let out on PR. Domestic violence victims killed by their abusers for no order placed or jailtime.
Qualified immunity is unconstitutional. But you also get the goverment you vote for.
No we don't.
Or the vote counting machines voted for.
defund the criminal sociopathic police.
No....that's not a good idea and that's not what this is talking about
Qualified immunity should not exist particularly for police officers. Currently all qualified immunity does is protect misbehaving police officers, and police officers that commit grossly negligent mistakes.
Why aren’t our politicians held to the same standard as the police? Especially Congress.
It’s hard to explain but in the long run....U are not living in “America” and haven’t been before you or I were born.
Think USA corporation which supersedes the supreme law of the land now. Why do you think nothing is changing?
You are not American. You are a US citizen under the jurisdiction of the government.
EXACTLY, end qualified immunity for ALL government employees.
@@slappy1234567 politicians have absolute immunity not qualified
It's up to us. We The People, to hold them to the same standard, but people are too busy watching football and fighting each other over dumb stuff to stand together and actually do something meaningful, so they just run unchecked.
The Second Amendment is our insurance against these crooks, and somehow they have convinced idiots to try to fight each other to take that away. America is dead because it became over saturated with idiots.
So just shut up and go back to watching football and American Idol.
The immunity legislator have is when there is a voting session.
Otherwise they can be arrested as anyone else.
So judges are now making their own laws
This is like the SS or Gestapo where you cant sue them for killing your loved ones.
Ohhhhhhh, I get it now! Qualified Immunity is basically just straight up illegal?
Is beating a suspect while there handcuff bloody or disabled frivolous? They use qualified immunity to do whatever they want and it has to stop
Slowly but surely things are changing for the better, So far only Connecticut has passed a new law As of July 2021, police officers there will have to pay own lawsuits, and related damages, if a court decides that the officer engaged in the malicious or willful act. For all other folks living in other states, you need to flood call your lawmakers and demand the same and possibly these changes might only happen due to the exposure of corrupt cops by individual auditors.
I called the Supreme Court and White House this morning and got nothing but AaaaaTiiiiTuuude
I heard about some states ending qualified immunity but I did not know this about Connecticut that is so interesting here
Because their citys went bankrupt and no insurance company would touch it.
We should end all immunity from prosecution for everyone who violates people's constitutional rights. This should specially include big tech and the family courts.
i agree but i feel it would kind of enforce mob rule to a greater extent then we already see it
@@JesseHas1RetardLife how can repealing obstacles making unconstitutional action legal increase mob rule? That makes no sense
@@JesseHas1RetardLife Can you explain to me how "mob rule" and "we the people" are such radically different concepts?
People react before all the evidence comes out people suffer due to no immunity and then causes a cycle of that to continue
We the people implies that people talk out there issues and complaints and a month is just being swayed by emotions and incurring violence on others
Local Police Are robbing people on the highway at gun point [families on vacation are prime targets] . They are accused by the cop of drug smuggling and if they do not give them all their Money & Travelers checks they will have their children taken away from them. This is supported by Departments and mayors because of a law that says Drug dealers can have their money and property confiscated without recourse. And In Legal terms the Police are Arresting the Money , not the people. Money does not have rights. Over 5,000 incidents of this occurre every year . You can be sure that a portion of this confiscated money never makes it to the Department.
Civil forfeiture.
@@alfonsoavila7007 Civil forfeiture is a thing.
Well did you watch the video where sotomayor said shoot first think later? That goes for civilians too! Shoot first don’t let these road pirates steal your money
Even if they only remove Qualified Immunity from the cops that would be a good start.
I simply do not understand why qualified immunity does not violate the equal protection provisions of the 14th amendment
Because of the way of QI is worded... it has to be a "clearly established" right.. you have to show case law that sets precedent. It's a catch 22 : back it up with case law but the case won't be heard because there's no case law
@TheBluescaster All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
@TheBluescaster I checked... It ain't in there!!!
@TheBluescaster They need unaccountable men with guns that will protect them instead of enforce the law... Chief Justice Roberts said many years ago that to him, no one is above the law and no one is below the law... Wealth and guns make this a situation where if you have enough wealth and enough power... You are not accountable... As long as your wealth and power last....
@@leandreapoe8537 new case law is being made quite frequently.
QI needs to go, its origin is bad. We should be held at a higher standard and held accountable. At the minimum, revised or reformed.
I understand a little protection for officers. Their job does require them to operate at the limits of the law day in and day out. However, QI has become a monster which has protected horrendous cops. Cops deserve a small amount of protection, certainly not what QI has granted them.
When the police use qualify immunity it should cost them their pension and $1 million from that police department they have been serving
The tax payers have to pay the bill...this is why criminal chargers and complete abolishment of qualified immunity is nessicary.
I wonder if "qualified immunity" would protect a policeman who used excessive force in the arrest of a politician, or state prosecutor, or some other high ranking official. I kind of think that "qualified immunity" would go right out the window in such a case, and that it mostly protects police who use excessive force against poor people. Perhaps I'm being pessimistic.
I doubt you are wrong
Qualified immunity and police unions are a cancer to justice
If you don't get rid of qualified immunity for the courts system you will never hold anyone accountable. Gives judges the ability to ignore the law.
As a veteran I find it disturbing that other veterans stand for this..
What does this anything to do with being a veteran
Im also a veteran and ending Q.I is the right thing to do
None of you guys know what qualified immunity is about.
@@danielpickrell8311 Mr. Genius-why don’t you enlighten us then?
@@jonc2914 absolutely nothing
It’s extra constitutional protections, making qi unconstitutional
How is qualified immunity not a direct violation of the 14th amendment "equal protection under the law" clause?
Police did not have Q.I. until 1967, since then it's been a "Get Out of Jail" for police & Government officials.
I fail to understand how a police Officer is immune to prosecution and civil tort, especially when it has been demonstrated the behavior was unacceptable to policy and procedures. The police enjoy broad powers and some estimates are that one in ten police officers are currently substandard or unqualified for the position. Physicians are held 100% accountable for their decisions and must re-qualify every 10 years, and document continuing training to hold the license. Each state has an independent medical board that oversees physicians and all physicians must pass a multipart national board test to hold a license. Police officers hold the power of life and death, too. I don’t believe the bar physicians must jump is too high for policemen.
Police in ALL jurisdictions are recertified in use of force on a yearly or twice yearly interval. So there goes that theory I guess.
Police could be measured as the half-assed Japanese Kempetai with 25% of terror practices applies thriugh legalese.
Qualified immunity is just a doorway to malfeasance.
This is why people need to be armed against the police!
Very good overview, thank you!
This has to change!
Qualified immunity must end for police officers!
It’s easy...Police get their own insurance so they are held accountable. Not on state insurance.
No matter your race, religion or sex.
Governments or officials should be held accountable as well. We the people, remember that before it’s erased in the history books. Not we the government or state officials.
this
Exactly. Why do health professionals have malpractice insurance?
It’s because you’re allowing them to improperly gauge case law when weighed against new or fringe factors
Everyday, the average person has less and less rights and freedoms and those that control them are protected more and more.
"Bad cops should not be able to hide behind qualified immunity"
the logic is terrible.. if there’s no precedent things will never change. we need a constitutional amendment banning qualified immunity. its the anthesis of freedom, and judges shouldn’t be making laws its stupid.
"do as i say, not as i do" -american legal and police system
End it!
Qualified immunity only applies to civil claims, not criminal charges. The thin blue line is responsible for shielding officers from criminal prosecution. If a cop commits a crime, they will get away with it if their buddies Allow a cover up. making a big deal about being able to sue a private person that makes an average income is a waste of time. They probably don’t make enough to compensate you for your loses. You are better off suing the employer.
Police brutality , social security abuse , disability compansation abuse , food stamp disapproval , City street fund's , and or anything government related. All ill-gotten gain's protected from civil suit as all gain's. I argue that you deliberately break your oath of office you lose your Immunities awarded to that job position.
Absolute power causes Absolute corruption
I write this the day before an election.
State actors can prevent you from voting for a particular political party and can be protected by Qualified Immunity because there is not precedent. Let that sink in
ABOLISH QUALIFIED IMMUNITY ALL IMMUNITY and stop them from investigating themselves 🙏💯
YOU also have qualified "immunity" by your employer at your job. Its just titled differently for public employees.
An employer is vicariously liable for the negligent and wrongful acts of his employees that are committed within the scope of employment.
"An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful."
Same for cops. They have indemnified/qualifed immunity as employees. And just like private employers, the city or company is still subject to being sued. There is no FREE LUNCH.
5:18-cv-01436-KK The hypocrisy of DA representation and Discovery motions in a police violence/civil rights trial
(1) The local District Attorney (the SBCC in my case) has the job of defending law enforcement in allegations of excessive force. Their representation is free to the officers throughout the five years it takes to bring one of these cases to trial.
Analysis: That’s wrong. The DA will file a Qualified Immunity motion before all of the witnesses have been formally deposed under oath and in front of DA A/V cameras. The vast majority of Qualified Immunity rulings are upheld in favor of law enforcement and that will stop the case in it’s tracks and it will be dismissed. When law enforcement fails the Qualified Immunity test, they should be on their own afterwards, no free DA legal representation or involvement after that.
As a retired LAUSD District Intern, the highest level of recruitment, a public school teacher,....we'd be run out of town for beating, hog tying and confining anybody in an inhumanely small space (for 45 minutes according the 911 CAD incident report!). Even if they were acting up (I wasn't!). No free legal representation and suspended without pay, their career ruined on the basis of just the allegation.
And teachers can never, just transfer to another district - that's considered not cooperating with Big Brother. It's time for another career, and,.... in a way, that's healthy for the students. It does, indeed, take a community to raise the next generation.
And, like fish, TERACHERS AND COPS START TO STINK if they get too complacent and comfortable with their jobs. Diversity in education is absolutely essential in a global economy. And letting law enforcement officers earn benefit packages of up half a million dollars/yr for hanging around for 20 years is preposterous - read a little Machiavelli!
Why: Qualified Immunity cannot be granted unless there is abundant, overwhelming evidence of a civil rights violation (of clearly accepted laws) with malice, because of a persons racial/social background. The only recourse of a plaintiff when no criminal charges are filed is a civil suit for money. The only question is how much!
Anybody who has passed the Bar knows that they must do whatever it takes to win a case, therefore all DA defense and conviction rates are in the high 90%s. They will (and did) refuse a bench trial by a two judges, who will be more likely to issue a verdict in line with the law,... and hope to sway a jury with inductive logic like “the officers are innocent BECAUSE THEY’RE BEING DEFENDED BY THE DA!” That's FACISM under the guise of law and order - there is a tremendous difference in practice, so we lock more innocent people up who can't pay competent representation.
(2) Discovery is where each side, in carefully worded legal jargon, requests the evidence the other side has. The DA has an insurmountable advantage in that they can track, subpoena, coerce, depose and bribe their witnesses, a plaintiff can’t.
ALL MY DOCTORS were harassed into bring a lawyer to deposition, or ignoring the subpoena completely. And I'm talking about my primary care physician and county assigned neurologist.
The DA can write and file as many motions (electronically, plaintiffs must file in person) as they want, to hide or delay releasing relevant information, like dash A/V data and investigative reports eg. FOI reports).
Analysis: That’s wrong. When all of the new, high tech data is used only, against citizens that are not committing a criminal act,.... to protect law enforcement that is,..... that’s counter intuitive. Nobody wants to protect criminals and criminal law enforcement, do they?
The SBCC had five years to bring some kind of charges against my family: A 100 year old white woman, her 58 year old black husband and caretaker, and me her 71 year old son. I was disabled by the attack, advised not to drive by my neurologist, but my step father, Robert (a black man) works every day at the family gas station at the I 10/Arizona border - I don't.
So they harassed Mr. Dismuke (Papa) with Adult Protective Services and violent Animal Control officers. They combed through his previous statements and deposition testimony threatening prosecution if he testified at trial. A man, going blind from Diabetes, me, diagnosed as needing a heart transplant in 2005 and mom, 100 years old!
Why: No profession is above reproach. Catholic priests (including the Pope) got away with a lot before the latest WOKE testimonies. And protestants burned Catholics at the stake, remember Joan of Arc.
Law enforcement types with military backgrounds just aren’t the best choice for non violent police encounters, women or sociology graduates are, not Police Science majors. Let em go to Swat, or better yet, get a real productive job that doesn't destroy people's lives in the process.
If law enforcement JUST TOLD THE TRUTH, the prisons would empty, THAT'S HOW BAD IT IS, WAKE UP!
And Judges appointed by Democratic presidents (Bernal and Kato) are THE ONLY HOPE FOR CIVIL RIGHTS FOR ALL, REGARDLESS OF RACE. And so,....I see hope for Latinos and Asians and I champion their work, but TO HELL WITH EVERYBODY ELSE, I GUESS!
No more Q I
Next we need a doctrine thats called "Inherited Responsibility" That adds consequences to qualified immunity. This way sure, their rights aren't taken but they now have a responsibility for every life or rule broken to do something to build the community back up in a positive way. Such as to mimic the act of forgiveness towards their mistakes. And consequences that entail the reversal of their immunity if they do not comply.Yet I'm not a politician or lobbyist because I can't afford that kind of education nor time at the moment, I wish our leaders would fix problems instead of waste their time on being pigs that neglect their duty.
End qualified immunity from Southern California
But not every single bad cop benefitted from immunity
But way too many did
The only way to get Justice is to be a vigilante but it has to be done SMART
I don't have a problem with cops having some immunity against a bunch FRIVOLOUS lawsuits, but if there's a clear rights violation on their behalf that immunity should be out of the window.
END QUALIFIED IMMUNITY NOW. Make the police get public liability insurance.
Is America really free ?
Teach the cops our civil rights and a lot of lawsuits would not be filed
The watch to like ratio on this video is, concerning to me 🕵🏿♂️
Can't belive the state media (Washington Post) would cover this, even the little tiny bit that they did
Can't frivolous law suits be reviewed and thrown out before it gets started ?
Clearly established. That means only that has happened in the past and nothing else can be added. Another question should be asked.
Why don't DAs press charges when police break the law with consistency ? They always seem to get a pass.
Police/Judges/Politicians : Rules for thee, but not for me!
All they need to do is follow their oath of office and the supreme law of the land which says nobody above the law and that will cut a lot of chaos going on in this country no more immunity federal state county or city if they follow the law and the Constitution they should have nothing to worry about immunity and stealing people's property is what needs to be addressed big time or we will start liquidating federal state county and City agencies and we will restrict the lawsuits against officers if they can prove it wasn't intentional that's where intentional tort comes in do we need to take away a lot of the junk science they're using against we the people they definitely need to be held accountable for perjury and falsifying documents in evidence especially your FBI CIA and DEA ATF
Okay, but how do they QUALIFY for Immunity?
Law Enforcement is not like other professions because the complexity and the split second decisions Officers has to make on regular basis are challenging, high risk, and required years of experiences, therefore they must have certain protection by the law with certain reasonable standards.
I can explain it.
It's a get out of jail card, a blank check to violate us peed-ons at will
We all know that they made "Qualified Immunity" in 1967, right during the end of Jim Crow (Segregation) so it's obvious they made for "Black" ppl
The issue is that Qualified immunity also protects politicians and those vicious cowards will never WILLINGLY give up their own get out of jail free cards. Qualified immunity was only ever meant to protect law enforcement officials acting in GOOD FAITH but it has been used to protect officers and agents blatantly violating the US constitution.
I seen a qualified immunity case where woman’s face was bashed in in order to remove the officer’s qualified immunity they had to prove there was a previous case law where an officer lost his qualified immunity here’s the insanity after fighting it through several courts the cops lawyer said well that case the cop bashed her head in on a pine tree this is a palm tree 😂😂😂😂
THE UNANSWEREDEE QUESTION IS, IF COPS WERE HELD PERSONALY LIABLE FOR THEIR UNLAWFUL ACTIONS, WOULD COP STUPID BE JUST PAR FOR THE COURSE?
Qualified immunity is for civil suit. We need criminal charges for crimes
I think unions for government workers should be illegal. I think qualified immunity for congress is a sin.
Well good luck with getting rid of quaifled immunity!!!!
3:51 that sounds like a judge making an excuse for QI. No?
Congressman Jim banks introduced the qualified immunity bill
Limits set based on the damage done works fine with the rest of the population. What make the government professional any different ? Slap me once pay $1,000 , slap me twice pay $2,000 . Slap me three times pay $10,000 and pull six months in country lockup. That could change the political landscape . The corrupt would have to resign or go broke.
Does not foster an attitude. It’s not my problem what it does do it gives the individual back that you can make a mistake. It could use more force than is necessary to a criminal act basically get away with it. That is what qualified immunity does it gives you ultimate power Power, ultimately coverups, thank you
The conservative Supreme Court will not do anything to modify the doctrine. Congress would have to act.
This garbage allows public servants the ability to harm their boss's, the public. This I've personally experienced, it cost me everything I owned. Over a miniscule explanation I wasn't able to give to a landlord / slumlord. Because he is a state employee, the judge and sheriff's department caused justice o be ignored.
If cops were held accountable like they should be if wrong than no one would take the job and those on top could not control citizens using there 2 legged dogs.
🎯
The constitution prohibited immunity like ohio
Put in Place by people who control the law so that they themselves were immune to the law . The redcoats had a similar system before the war of independence, but it seems slaves and masters is still around we just don't know it
Criminals protecting criminals! Judges and cops are the problem
qualified immunity is not a law? Supreme Court completely over stepped their boundaries. The qualified immunity itself needs to be abolished completely
1:11 - LAWS ARE FOR THE LAWLESS 👹
1:02 Why does it instantly have to be about race. Qualified immunity has hurt everyone but government officials. Don't make this about race, make it about what is right.
Why wont they take away qualified immunity from judges, prosecutors, legislators or jurors??
Because police officers are scape goats for the left and there politicians
@@laytonnatale4271
1. What does that have to do with the question?
2. They're(beweaponed police) a prime example of abusive government, so who the hell cares?
oh boy.
Abolish Qualified Immunity. Qualified immunity is a type of legal immunity that protects a government official from lawsuits when a the official violated a person's rights,
Actually the people should have automatic immunity and I'll tell you why because the practice of law the cops don't do they do not have a degree in law so therefore they shouldn't even be on the street and if they're on the street they should have to be with somebody that has a degree a degree in law
END qualified immunity THEN asset forfeiture.
At the beginning of QI it was kind of okay
And along the line qualified becomes almost absolute.
Every case should be handled on its own merrits in court.
That was the meaning of qualified.
Qualified immunity needs to go.
It's a violation of the 14th amendment and has nothing to do with race
It's not just black people
Its unbelievable criminals with a badge and a gun have the right to qualified immunity, thats ment for the good cops trying to benefit society. This world is doomed
Qualified immunity is a legal catch-22!
Why he say black man it’s not 1961 anymore
This video seems reeeeeeally biased... Just tell us what it is and what it does. Not this sad piano music playing biased trash.
Agreed, media just sides with what the people want to hear. I came here hoping to get real examples of use of qualified immunity
There are case laws defining qualified immunity. Qualified immunity is only applied to those officer who followed the law AND department policies there is no or it has to be both. The state will provide the funding and the police officer can't be sued criminal or civil. If the officer failed to follow department policies or state law then qualified immunity does not apply.
is it only me...or anyone else finds Lidsey Graham way of speaking weird and perhaps thinks he has an intellectual disability ?
Please highlight also that judges have qualified immunity as well that they abuse, like I said power corrupts, absolute power, corrupts, absolutely and qualified immunity grants power. Your policing system is dire is disgusting. You’re a criminal justice system needs proper re-overhauling because there are people in prison do not deserve to be in there but you remove qualified immunity you will see a different way, thank
Ok...all you police haters need to understand that QI only applies to civil cases, not crimminal cases. If a cop acted outside the law, they will face punishment. QI, in a nutshell, is there to stop frivolous lawsuits. Mainstream media has exaggerated this to the point where they have convinced their viewers that every single cop is evil and given a free pass. I encourage that everyone do their own reaserch before reaching an opinion.
A lot of cops don’t understand that though