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We filed this lawsuit in 2016. It’s now 2020 and the government still hasn’t even filed an answer addressing all the claims that we’ve raised.
Instead, they’ve spent the past four years filing different motions with courts, arguing under technicalities why they shouldn’t be held accountable rather than explaining why what they did actually wasn’t wrong.”
One of those technicalities is called “qualified immunity,” a special legal protection the Supreme Court created in the 1980s to protect government officials.
Under qualified immunity, officers can violate the Constitution unless previous court rulings have explicitly prohibited that exact action by the police—a standard that has become nearly impossible to meet.
You probably don’t know it, but federal agents are working closely with police where you live.
An officer accused of abusing his federal authority can claim he was actually acting using his state-law authority, and an officer accused of abusing his state-law authority can say he was really acting as a federal officer.
Task force members misidentified James as a fugitive; stopped, searched, beat and choked him into unconsciousness; and then—even after it was clear they had the wrong man—arrested James and charged his with a series of felonies to cover their tracks.
When James filed a lawsuit against the officers to hold them to account for their actions, the officers argued they were entitled to several forms of immunity and persuaded the court to throw out James’ case.
An appeals court reversed the worst parts of that decision, but the government has now taken James’ case to the U.S. Supreme Court, asking the Court to shield the officers from any accountability for violating the Constitution.
One of those technicalities is called “qualified immunity,” a special legal protection the Supreme Court created in the 1980s to protect government officials.
Under qualified immunity, officers can violate the Constitution unless previous court rulings have explicitly prohibited that exact action by the police—a standard that has become nearly impossible to meet.
originally posted by: sine.nomine
I've been on the receiving end of police brutality. You are powerless. There is no recourse. They can rape you, beat you, kill you... Doesn't matter. If anyone ever thinks of a path to fixing it other than riots, I'll devote 100% of my free time working toward that goal.
This guy is in a losing battle, unfortunately. He won't win. He'll just waste time and money, while the police make him and his more and more of a target.
ETA: Before anyone jumps on me for this, yes I know there are a lot of good officers. However, the good cops do nothing about the bad cops, so the whole system is tainted. The ones who have a chance to change things don't.
The NSW Police commissioner has backed his officers' use of strip searches, saying there should be "a little bit of fear" of law enforcement.
originally posted by: Metallicus
In fairness, if this was a black person who had been beaten he would win his case and have the national media screaming about it to anyone who would listen.
originally posted by: hopenotfeariswhatweneed
originally posted by: sine.nomine
I've been on the receiving end of police brutality. You are powerless. There is no recourse. They can rape you, beat you, kill you... Doesn't matter. If anyone ever thinks of a path to fixing it other than riots, I'll devote 100% of my free time working toward that goal.
This guy is in a losing battle, unfortunately. He won't win. He'll just waste time and money, while the police make him and his more and more of a target.
ETA: Before anyone jumps on me for this, yes I know there are a lot of good officers. However, the good cops do nothing about the bad cops, so the whole system is tainted. The ones who have a chance to change things don't.
Its a also a problem here in OZ, the police are becoming increasingly aggressive, there was a recent beating of a 19 year mentally ill guy beaten almost to death by cops after someone rang cops worried he was going to hurt himself, well he didn't need to they broke bones and smashed him with batons while cuffed on the ground.
Check this crap out from the current police minister here...
The NSW Police commissioner has backed his officers' use of strip searches, saying there should be "a little bit of fear" of law enforcement.
source
Also defending police strip searching children at festivals and other venues, they have been violating 15 and 16 year old girls, is some awful awful stuff.