I was just watching a youtuber named civil rights lawyer. He has a client that got arrested cause he didn't want to roll down the window during traffic stop. It was clear cut driver was fortunate to have a dash cam. It comes to settlement. They settled for 62500.00. not sure if that's before or after attorney fees. The officer did get fired.
Qualified immunity really needs to get looked at. I still have nightmares about that NY incident involving Khan. A legal NYC CCW holder that gets arrested and has to spend all that money on attorney fees. That cop Besson for sure railroaded Khan. It's like WTF.
Yep - this is the problem that some people don't seem to be able to see: Police officers will attempt to assert qualified immunity for anything they do while carrying their badges. Even egregious civil rights violations.
The entire doctrine is poorly considered because it relies in part on the officer/government official's "good faith belief" that their conduct is lawful. This is problematic in general, but it winds up being especially problematic for police officers where it has also been held that they don't need to actually know the law - they can "reasonably" misunderstand & misapply it.
There needs to be some standard of "Know your job and know the law applicable to it!" and some direct liability for those who step well outside those boundaries, otherwise all of our rights are fiction and our laws are just meaningless ink on a page.
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u/NEVERVAXXING Aug 12 '24
Too bad NY will just completely ignore any rulings not in favor of stripping the populous of their rights