Qualified Immunity
By
John C Abercrombie
There are many questionabe cases involving police misconduct. Many of the verdicts in these cases leave us scratching our heads. How can what we have seen with our own eyes not be a crime? Why do these acts go unpunished?
We also hear the term “Qualified Immunity”. What is it and how does it affect anything? This post will answer those questions.
Did you realize that it protects Law Enforcement officers who knowingly or unknowingly violate your Constitutional Rights?
To see how we got here, we go back to the passage of the “Third Force Act” more commonly known as the Ku Klux Klan Act passed in 1871. This act authorized President Ulysses S Grant, 18th president of the United States serving from 1869 to 1877. Grant was an effective civil rights executive. He worked with politicians during the Reconstruction period to protect Blacks and established the Justice Department.
The KKK started as a group of Confederate veterans for the purpose of reversing the federal governments Reconstruction activities in the South. The group grew from a secret social fraternity to a paramilitary force. The KKK seemed to be especially provoked at any policy tht established rights of Blacks. With a platform focused on violence as a way to punish Blacks, Confederated States of America general Nathan Bedford Forrest became the first Grand Wizard of the KKK in 1869. It is reported that even he tried to disband the group because of the excessive violence.
The Klan used terrorist tactics against Blacks and White Republicans during the dark of night with the intention of intimidation and destruction of property, assault on persons and even murder to intimidate those attempting to exercise their right to voting in elections.
The 1871 KKK Act led to 9 South Carolina counties being placed under martial law and 1000’s arrested. The United States Supreme Court declared the act unconstitutional in 1882. Up to this point, all seems well, until …
Pierce v Ray
September 13, 1961 a group of 15 Episcopal priest were traveling from Tugaloo, Mississippi to the North by Trailways Bus. The group entered the station with tickets to catch a bus to Chattanooga, Tennessee. When they went to the coffee shop for a meal before departure, they were stopped by 2 policemen. The officers, David Allison Nichols and Joseph David Griffith asked them to leave. Captain JL Ray arrested and jailed all 15 for breach of the peace for violating a section of the Mississippi code that made them guilty of a misdemeanor for congregating with others in a public place under circumstances that a breach of the peace may take place and refusing to leave when directed to do so.
This case became known as Pierson v Ray and was tried in the United States Supreme Court in 1967. The court introduced the justification for qualified immunity for police being sued for civil rights violations.
They sited “A policeman’s lot is not so unhappy that he (notice the masculine term) between being charged with dereliction of duty if he does not arrest when he has probable cause and being mulcted in damages if he does.”
Mulcted according to Merriam Webster is Mulct was borrowed from the Latin word for a fine, which is multa or mulcta. The “fine” sense is still in use, mostly in legal contexts (“the court mulcted the defendant for punitive damages”), but these days mulct is more often used for an illegal act.
One of the 15 members of the arrested group was Reverend Robert L Pierson, son-in-law of Nelson Rockefeller, then governor of New York State. At trial, they were sentence by Judge James Spencer to 4 months in jail and a $200.00 fine. The case was dismissed on appeal by Judge Russell Moore showing no violation of the law in May of 1962.
The case was taken up by CORE, the (Congress of Racial Equality), alleging the police and local judge violated Title 42, Section 1983 of the 1871 KKK Act, falsely arresting and imprisoning the priests for exercising their civil rights.
Represented by Carl Rachlin, the chief legal counsel at Congress of Racial Equality, they sought damages in the Jackson district court before Judge Sidney Mize, alleging the police and the local judge had violated Title 42, Section 1983 of the 1871 Ku Klux Klan Act by false arrest and imprisonment for exercising their civil rights. However, the jury found in favor of the police who said they were trying to prevent imminent violence from a gathered crowd, contradicting the evidence of the priests.
The 5th Circuit found them immune from liability for the decision. Although the appeal court found the Mississippi code unconstitutional it found that “Mississippi law does not require police officers to predict at the peril which states laws are unconstitutional and which are.
8 of the 9 Supreme Court justice agreed with the 5th circuit judge that the judge in the earlier case had absolute immunity from liability. They continued to state that although police officers are not granted absolute and unqualified immunity from liability for damages they may be excused “from liability for acting under a statute that he reasonably believed valid. “a police officer “. who arrests someone with probable cause is not liable for false arrest simply because the innocence of the suspect is later proved.”
To summarize the law as interpreted today. It is a 2 part test. Part 1. Is the act constitutional and 2. Does it violate current established law? Herein is the rub. It has been ruled that there is no need to test the first part, is it constitutional if it does not meet part 2.
That does not look too bad until you see how it is interpreted today.
- There must be a prior case holding the conduct unconstitutional
- Sufficiently similar facts
It seems tht there is no problem until we look at a case such as Baxter v Bracey. The suit was over a victim charging excessive force after a police officer released a dog on a suspect who had surrendered and was sitting on the ground with his hands in the air. The policeman sicced the dog on the victim who suffered severe injuries from the dog bites. There was a similar case established when a police dog severely bit a suspect who was laying on the ground.
In this case, the officer was granted qualified immunity because the victim in this case was sitting and the other case the victim was laying down. The courts ruled that the cases were not similar enough and granted the officer “qualified immunity”
protection.
It is this interpretation of the law that makes it so difficult to convict an officer under the qualified immunity doctrine.
In this case the violation of Constitutional rights is not even considered if there are differences in the cases, so in this case releasing a dog to attack a person who has surrendered is not protected because of qualified immunity.
The fine distinction of a person laying down against a person sitting wwith their hands up was so different that the law had not been established shows the ridiculousness of the doctrine.
Only Justice Douglas dissented, stating that Section 1983 must include the judiciary who too must be liable for civil rights violations in the course of their duties.
**
Qualified Immunity In America: An Overview & Conversation [POLICYbrief]
Created by the Supreme Court in 1967, the legal doctrine of qualified immunity shields government officials from being sued even if they violate someone’s constitutional rights, as long as they are not violating what the Court calls “clearly established law.”
**
We encourage you to use our links as we receive a small royalty without cost to you. These funds help us continue to provide you with quality information.
To see the full listing of posts, click on our Blog list
For Black History Month 2020, we posted daily. To see the posts, click here
For Black History Month 2021 we posted daaily focusing on Medicine, Inventors and Scientist. To see those posts, click here.
To comment or make suggestions on future posts, use Contact Us
We encourage you to share the site on social media.
Use our links to Amazon anytime you shop Amazon. We receive a small royalty without cost to you. Continue to scroll for fascinating Videos and Books to enhance your learning experience.
Continue scrolling down for more amazing information, videos, books and value items. The above is to be included in all posts
**
Law
We see in this case how the law affects society. Many are intimidated by the use of the terms and even by some of the cases, but it is possible to start simple. Even Blacks Law Dictionary will help you understand the terms. You can research cases at your leisure or dive in for complete understanding using our Amazon affiliate link below
**
Pierson v. Ray U.S. Supreme Court Transcript of Record with Supporting Pleadings
The Making of Modern Law: U.S. Supreme Court Records and Briefs, 1832-1978 contains the world’s most comprehensive collection of records and briefs brought before the nation’s highest court by leading legal practitioners – many who later became judges and associates of the court. It includes transcripts, applications for review, motions, petitions, supplements and other official papers of the most-studied and talked-about cases, including many that resulted in landmark decisions. This collection serves the needs of students and researchers in American legal history, politics, society and government, as well as practicing attorneys. This book contains copies of all known US Supreme Court filings related to this case including any transcripts of record, briefs, petitions, motions, jurisdictional statements, and memorandum filed. This book does not contain the Court’s opinion. The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping ensure edition identification:
**
History
Law and History compliment each other. As you study history, complete your understanding of the effects by looking at the laws that govern the incident. History also is a great way to get an understanding of the people and the events that have effects on them using our Amazon affiliate link below
**
Qualified Immunity: Origins of a Police Liability Shield The U.S. Supreme Court’s legal doctrine that shields public officials from liability in civil cases is getting renewed attention during the national debate over police accountability. Qualified immunity was created by the court in the late 1960s—and expanded in the 1980s—to free public officials such as police officers from the fear of frivolous lawsuits for doing their job. It since has morphed into something critics see as a major obstacle to holding police accountable for misconduct. This video, featuring University of Chicago law professor William Baude and Bloomberg Law Supreme Court reporter Kimberly Robinson, explores qualified immunity’s roots and examines the push to end it. (Senior Producer: Andrew Satter; Executive Producer: Josh Block)
**
Give the Gift of Amazon Prime
Perfect as last minute gifts or for those who have it all. Some key Prime benefits: * FREE Two-Day Shipping on millions of items * No minimum order size * Instant streaming of thousands of movies and TV shows * Unlimited, ad-free access to over a million songs and hundreds of playlists
**
U.S. Supreme Court Transcript of Record Pierson v. Ray
The Making of Modern Law: U.S. Supreme Court Records and Briefs, 1832-1978 contains the world’s most comprehensive collection of records and briefs brought before the nation’s highest court by leading legal practitioners – many who later became judges and associates of the court. It includes transcripts, applications for review, motions, petitions, supplements and other official papers of the most-studied and talked-about cases, including many that resulted in landmark decisions. This collection serves the needs of students and researchers in American legal history, politics, society and government, as well as practicing attorneys. This book contains the official US Supreme Court Transcript of Record for this case. This book does not contain the Court’s opinion or any filings in this case. The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping ensure edition identification:
**
Try Audible Plus
Audible Plus, a brand new all-you-can-listen membership that offers access to thousands of titles, including a vast array of audiobooks, podcasts and originals that span genres, lengths, and formats..
**
Qualified Immunity In America:
An Overview & Conversation [POLICYbrief] Created by the Supreme Court in 1967, the legal doctrine of qualified immunity shields government officials from being sued even if they violate someone’s constitutional rights, as long as they are not violating what the Court calls “clearly established law.”
**
Create Amazon Business Account
It is the Amazon you love, for work. Make workplace procurement easier with convenient delivery options, simplified purchasing workflows, multiple payment options, and a competitive marketplace with business-only pricing and quantity discounts. Anyone who makes purchases for work (e.g., procurement specialists, office administration, IT departments, etc.) can create a free account for their business. Customer must be from a verified business in order to successfully create their Amazon Business account.
**
Above the Law:
How “Qualified Immunity” Protects Violent Police It happens over and over again. The culprit here, alongside the cops, is Qualified Immunity (QI), a legal principle which Reuters describes as “a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights.” Originally intended to protect cops from being sued over good faith mistakes, courts have interpreted QI so broadly that police are shielded from accountability in all but the rarest of circumstances. Only when the exact same abusive behavior was already deemed unconstitutional by a court in the exact same jurisdiction can victims succeed in a prosecution. Above the Law recounts 12 cases in which justice was denied because of QI. The stories are accompanied by infographics, timelines, and contextualizing background to create a concise and compelling indictment of an outrageously unjust legal principle that must be changed.
**
Computers Tablets and Components
With these devices you can connect to many valuable sources of information, even entertainment. It allows you to research not only books, but audio and video materials. Connect to the world with these devices using our Amazon affiliate link
ABH – Computers Tablets and Components ** Pierson v. Ray 386 U.S. 547 (1967)
**
Mother’s Day Gift Cards
Don’t forget the most important woman in your life, using the Amazon affiliate link below
**
The Affirmative Defense of Qualified Immunity for Law Enforcement: Volume 1
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals.
**
General Gift Cards For all occasions.
Let them know you care
**
Supreme Court Considering Challenges to Qualified Immunity |
Cato Daily Podcast Supreme Court Considering Challenges to Qualified Immunity Featuring Jay Schweikert and Caleb O. Brown The Supreme Court has been reluctant to take a case challenging qualified immunity, a doctrine that protects police from the consequences of violating Americans’ rights. That may change soon, according to Cato’s Jay Schweikert.
**
Watches
Put style in your life, be on time, don’t miss an important session using our Amazon affiliate link
**
The Affirmative Defense of Qualified Immunity for Law Enforcement: Volume 2
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
**
Office and School Supplies
Get the essentials for School or office here ABH – Office and School Supplies ** Qualified Immunity: A Debate Created by the Supreme Court in 1967, the legal doctrine of qualified immunity shields government officials from being sued even if they violate someone’s constitutional rights, as long as they are not violating what the Court calls “clearly established law.”
**
Qualified Immunity is a doctrine that allows law enforcement officers to knowingly violate citizens constitutional rights, yet find protection from the courts, no matter how egregious the act.
It is now time to take a critical look at the law and its implementation. No one should be above the law. No one should be allowed to take a life under the circumstances that are becoming well known today. Now is the time for all to get involved in calling for a revision of “Qualified Immunity”