1889 Institute: qualified immunity contributes to policing problem, must be fixed

Breaking the Unjust Shield: Fix Qualified Immunity By Spencer Cadavero The manner of George Floyd’s death, along with any number of other examples, is proof that the United States has a policing problem. Qualified immunity, the judicial doctrine that usually prevents police officers acting in the line of duty from being held accountable in court, undoubtedly contributes to the problem. Qualified immunity is a legal doctrine created by the Supreme Court. It protects government officials who have violated a citizen's constitutional rights unless a “clearly established” right has been violated. To show that a right was “clearly established,” the victim must point to a previously decided case involving the same “specific context” and “particular conduct” as their current case. If he fails to do so, the offending officer is granted qualified immunity. In George Floyd's case, his family would have to point to a case where a cop suffocated someone with his knee in the street, went to trial for it, and a judge said it was bad. If no case like that exists, then Floyd's family cannot recover damages. Read more » by Jamison Faught - August 11, 2020 at 03:23PM

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