Lawyers when we hear that people think it takes 8 years to get a law degree:
And yes, qualified immunity insulates all government officials (not just cops) from liability for violating statutory or constitutional rights that are not "clearly established" when exercising discretionary function. Unfortunately, courts are especially lenient in deciding something isn't "clearly established," and minor, insignificant factual differences between cases have often been used to protect government officials from liability.
It's completely court created and has zero basis for existing, but it isn't "recent." It dates back to the 1960s. The full form of sovereignty immunity from which it's derived (which, IMO, is also indefensible, but for different reasons) dates back to English common law.
You'd think it'd be an easy thing for Congress to fix in a bipartisan measure, but Republicans are too busy protesting masks during a pandemic and Democrats are more concerned about getting photographed wearing kente cloth.
That honestly sounds like mom logic. She can never be wrong even if you actually know more than her and you can prove it, and you will always be wrong just because she says so. Not a very good method if it is applied for a system meant to protect people and their lives, if you ask me.
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BulletproofBrony, Not Dead Melia
Jul 17, 2020 at 06:52PM EDT
Nedhitis
Jul 17, 2020 at 11:55PM EDT