The fatal beating of Tyre Nichols has reignited calls to end a controversial doctrine invented by the Supreme Court. (via The ReidOut Blog)
officers to escape liability if their alleged conduct wasn't a “clearly established” legal violation. However innocuous that sounds, the court has applied that made-up standard in an absurd manner that limits relief even in the most egregious cases.even if they violated the Constitution
, so long as the specific allegations against them haven’t already been ruled illegal. That judicial regime becomes even more absurd when you realize that courts deny claims, in hair-splitting fashion, on the grounds that the allegations haven’t already been deemed illegal. Obviously, that creates a Catch-22 that lets officers evade liability, as long as their alleged conduct, no matter how brutal, hasn’t already been “clearly established" by courts as having violated the law.
To be sure, qualified immunity isn’t the only legal mechanism that helps police and their departments evade accountability. And immunity isn’t necessarily as big of an issue in higher-profile cases, whose publicity can prompt settlements. But in cases across the country that don’t capture as much public interest or speedy
, ending the immunity doctrine can be a step toward accountability, whether it’s Congress or the court that ends it.
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