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Jun 4 2020 02:05am
Quote (Theology @ Jun 4 2020 03:51am)
Qualified immunity is a legal doctrine that protects government officials from lawsuits seeking money damages. The doctrine applies when officers are exercising discretion in their official capacity. The defense of qualified immunity, when invoked successfully, leads to dismissal of civil claims.

The doctrine of qualified immunity protects different classes of government officials, state officials, and public officials. Some of these include:

State governors,1
School officials,2
Prison officials,3 and
Police officers.4
Under this doctrine, police officers can act without fear of being sued. It can protect them as long as their conduct does not:

violate the victim's constitutional rights, which
were so clearly established that a reasonable person would have known them.5
When government officials successfully raise this doctrine in a lawsuit, the court will generally dismiss the case.6

Qualified immunity only applies to lawsuits that seek monetary damages in federal courts. If the lawsuit only demands a change in policy, this doctrine cannot be invoked.


Overcoming qualified immunity is critical in a police misconduct lawsuit. Claiming this doctrine is one of the first things that police officers do when they are sued. If they convince the judge that they are immune from the lawsuit, the judge will likely dismiss the case. The victims will recover nothing for their losses if this happens.

Police officers accused of misconduct have the burden of proving they are immune from a lawsuit. Victims can argue that immunity does not apply. To do this, one would have to show two prongs:

their constitutional rights were violated, and
those rights were so clearly established that a reasonable official would have known he/she committed the constitutional violation.
Only by overcoming the qualified immunity defense can a victim recover money damages.

A trial court's / district court's decision about qualified immunity cases can be appealed right away. The case does not have to go to the end before it can be contested to an appeals court. Police officers can appeal lower courts' decisions even if they prevailed on one of the steps.
https://www.shouselaw.com/ca/civil-rights/qualified-immunity

Pretty much a police officer must clearly be shown or proven to have violated your constitution rights, or claim extreme ignorance while hiding behind the qualified immunity doctrine.
Moral of the story if you find yourself in a position of having to interact with the police pull out your nifty cellphone and record it.
If you find yourself walking down your favorite street market or neighborhood and you see someone interacting with the police, pull out your nifty cellphone and record it.
Buy home security systems that actually work and keep up to date on storage. That way if cops are at your house for any reason its all caught on camera. It is for the "bad" guys and the "good" guys.

Not until a people as a whole hold them accountable and let them know we are all watching will they ever truly stay in line. It is not a crime in the USA to film a police officer. For safety you should stay about 6 feet away from any and all investigations. There is no Supreme Court ruling on how far one must be while recording the police. There is a Supreme Court ruling that you can record anywhere in public that the eye can see (this includes police while acting in their official capacity).


A state trooper pulled over a FBI agent and threw him in the back of his crusier. The agent new he was profiled. Smh so After about 5 minutes the FBI agent in the back of cops crusier. He requested medical attention. It literally ruined the state troopers day. To the point he tried letting the FBI agent go. But the FBI agent made sure he got that full work.

So what have we learned from this. Cameras are definitely great. Record them record them record them. Just don't forget to request medical attention Everytime when they pull you over. Make them work harder. Let the city or town they represent pick up that medical bill as well.. ✊🏿

This post was edited by newyorknewjersey on Jun 4 2020 02:08am
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Jun 4 2020 02:34am
Quote (newyorknewjersey @ Jun 4 2020 01:05am)
A state trooper pulled over a FBI agent and threw him in the back of his crusier. The agent new he was profiled. Smh so After about 5 minutes the FBI agent in the back of cops crusier. He requested medical attention. It literally ruined the state troopers day. To the point he tried letting the FBI agent go. But the FBI agent made sure he got that full work.

So what have we learned from this. Cameras are definitely great. Record them record them record them. Just don't forget to request medical attention Everytime when they pull you over. Make them work harder. Let the city or town they represent pick up that medical bill as well.. ✊🏿


I think you are misinformed on this incident. From the video that FBI agent was not pulled over. He called the trooper on his personal phone number and asked for a meeting. The meeting was about a ticket the trooper had written and then voided.
The ticket in question involved a Hit and run. So the trooper was under investigation he went back to his cruiser to look up the ticket to "refresh" his memory on it. While doing so he called a superior who then advises him that the agent did not go through "proper" channels. This now lead to a series of events where the officer acts as if the agent did not show him proper identification. The ran his plates and the name he gave them through a database. One of the databases they claimed to have found was one of a terrorist watch list. after that he was cuffed and placed in the back of the officers car for aprrox 10 mins (maybe have not watched the vid in a min as it is old news). It was long enough for the officer to retell his story to every other officer who would show up and listen to it.
Then a mans voice can be heard over the radio telling them the dude is clear and they are to promptly release the FBI agent. Then the agent requests for ambulance not only by the troopers there but on his own radio hes had this whole time. Reports being he suffered from heat stroke.

This post was edited by Theology on Jun 4 2020 02:34am
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Jun 4 2020 02:43am
In France June 3 2020 Tear gas and pepper spray used against people protesting the death of a youth who was in police custody!





This post was edited by Djunior on Jun 4 2020 02:43am
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Jun 4 2020 02:50am
Quote (Theology @ Jun 4 2020 04:34am)
I think you are misinformed on this incident. From the video that FBI agent was not pulled over. He called the trooper on his personal phone number and asked for a meeting. The meeting was about a ticket the trooper had written and then voided.
The ticket in question involved a Hit and run. So the trooper was under investigation he went back to his cruiser to look up the ticket to "refresh" his memory on it. While doing so he called a superior who then advises him that the agent did not go through "proper" channels. This now lead to a series of events where the officer acts as if the agent did not show him proper identification. The ran his plates and the name he gave them through a database. One of the databases they claimed to have found was one of a terrorist watch list. after that he was cuffed and placed in the back of the officers car for aprrox 10 mins (maybe have not watched the vid in a min as it is old news). It was long enough for the officer to retell his story to every other officer who would show up and listen to it.
Then a mans voice can be heard over the radio telling them the dude is clear and they are to promptly release the FBI agent. Then the agent requests for ambulance not only by the troopers there but on his own radio hes had this whole time. Reports being he suffered from heat stroke.


Regardless of how they encountered started. He gave us citizens the key!
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Jun 4 2020 02:51am
Quote (newyorknewjersey @ Jun 4 2020 01:50am)
Regardless of how they encountered started. He gave us citizens the key!


for asking for medical help? yea good luck bro.
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Jun 4 2020 03:00am
Quote (Theology @ Jun 4 2020 04:51am)
for asking for medical help? yea good luck bro.


Well considering I've already used it I can say. Yes it's works. From my own personal experience. The officer literally threw my license back into my car. Not hand it to me but threw it back into my car. He then preceded to get in his car and turned his lights on and speed away at a hundred miles per hour. From my personal experience it definitely worked for me!

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Jun 4 2020 03:47am
Quote (Thor123422 @ 1 Jun 2020 01:58)
Several reasons

1. We're more armed, so more paranoid police
2. We have a greater history of racism, so poorer minorities and greater feeling of "otherness" when policing those areas.
3. Discrimination leading to lack of opportunity for minorities, so they join surrogate families (gangs) and deal drugs and whatnot.

So there's a lot of reasons.


Quote (ofthevoid @ 1 Jun 2020 01:51)
I’ve lived in Europe and I’m living in a US inner city currently. Comparing the two environments is retarded. I hear police sirens every night. There are much higher rates of crime in the latter.



I think the most important factor is the lack of a proper social security/welfare system in the U.S.
In Europe, all those poor, underprivileged people (minorities and whites alike) still have their basic needs covered so there is no immediate urgency or pressure to resort to crime to make a living.

Unmitigated poverty is THE key driver of crime in America, and the high level of crime inevitably leads to 1. more confrontations between police and criminals and 2. a more tense, cautious, trigger-happy police force. Racism, gun prevalence and such all exacerbate the issue, but at its root, it imho is about poverty and a lack of basic social security.

Which btw also provides an explanation for why this hasnt changed in all those years: increasing the level of social security would indirectly lead to increased wages and thus cut into corporate profits.

This post was edited by Black XistenZ on Jun 4 2020 03:50am
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Jun 4 2020 04:30am
Quote (Theology @ 4 Jun 2020 09:51)
Qualified immunity is a legal doctrine that protects government officials from lawsuits seeking money damages. [read all]


What's fascinating here is this money damage as a starting point. I makes me feels justice is based on money.
Seems this forces to a take a side. That is probably one of the main problem, a culture of "taking a side".

I think that removing qualified immunity may cause alot of troubles, this is why since year it has not being touched. People would reversingly abuse it.
However maybe it could be modified by introducing purely independant investigations, from indenpendant entities. Cost a bit money.

Quote (Black XistenZ @ 4 Jun 2020 11:47)
I think the most important factor is the lack of a proper social security/welfare system in the U.S.


This is right, but also in the cultural sense there's also a layer of "tracing" to the citizen even the poorest, the state structure, the culture of "being a part of the system" is much more present imo.
After that yes: GINI INDEX vs EU make things clear. May have to add others factors like political choices to dilute poor urban areas instead of to let them concentrate to a point of no-return (even in europe we have the problem, it's much lower)
And finally the massive amount of firearms.


I see no magic solution, vote for Ocasio-cortez and keep her in charge for 30 years, eventually lol.


Quote (Djunior @ 4 Jun 2020 10:43)
In France June 3 2020 Tear gas and pepper spray used against people protesting the death of a youth who was in police custody!
http://www.youtube.com/watch?v=Ps7RbmVMWzY


An example of police doing their job properly; much method and these very controlled sprays on faces. Absolutely perfect !
Unfortunately the social media spread your country disease here, using some very old issue we had 5 years ago (young one who probably had a panic attack - believe me)
This is why i'm advocating for the immediate shutdown of americans social media plateforms in Europe.

This post was edited by Saucisson6000 on Jun 4 2020 04:47am
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Jun 4 2020 05:10am
Quote (Saucisson6000 @ Jun 4 2020 03:30am)
What's fascinating here is this money damage as a starting point. I makes me feels justice is based on money.
Seems this forces to a take a side. That is probably one of the main problem, a culture of "taking a side".

I think that removing qualified immunity may cause alot of troubles, this is why since year it has not being touched. People would reversingly abuse it.
However maybe it could be modified by introducing purely independant investigations, from indenpendant entities. Cost a bit money.



This is right, but also in the cultural sense there's also a layer of "tracing" to the citizen even the poorest, the state structure, the culture of "being a part of the system" is much more present imo.
After that yes: GINI INDEX vs EU make things clear. May have to add others factors like political choices to dilute poor urban areas instead of to let them concentrate to a point of no-return (even in europe we have the problem, it's much lower)
And finally the massive amount of firearms.


I see no magic solution, vote for Ocasio-cortez and keep her in charge for 30 years, eventually lol.




An example of police doing their job properly; much method and these very controlled sprays on faces. Absolutely perfect !
Unfortunately the social media spread your country disease here, using some very old issue we had 5 years ago (young one who probably had a panic attack - believe me)
This is why i'm advocating for the immediate shutdown of americans social media plateforms in Europe.


Well it may be money based. However there needs to be more reform to it. Just granting immunity from personal suit is not enough. It gives officers nothing to lose.

We also need dedicated unbiased checks and balances. I have been arrested while having my rights violated. The processes to report an officer misconduct is 100% with its own department. With lack of transparency to boot. There needs to be much more transparency when it comes to officer reforms and misconducts. There needs to be a strike system. To many "bad" cops have found themselves in new departments.
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Jun 4 2020 05:19am
Quote (Plaguefear @ May 31 2020 07:23pm)
More gang violence issues, more likely to see violence.
Most fatal shootings are justified.


Wow thats a good answer.
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