Qualified Immunity – What can be done?
By
John C Abercrombie
This is the day 9 post, the second part of a series within a series and compliments day 8. Click here to see day 8, click here to see all of the 2023 series on Race Riots and Massacres
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Qualified Immunity is a JUDGSE created rule that protects police officers from the most inane actions imaginable rather than protect the citizens it was designed and passed to protect. The lack of reason is based on a concept that officials who violate other peoples constitutional rights can only be held responsible if there exists a previous decision with extremely similar facts so blatant that other officials are held accountable. These violations may be evident to the average citizen but are ignored for the protection of police.
There is a kernel of truth embedded in the concept of well intentioned action to protect police from frivolous suits. This even though individual police personnel seldom are held individually responsible and in even in those cases are indemnified (judgements are paid by the employing entity).
Therefore we have a rule that has no reason to exist. A rule that often leaves us scratching our head and questioning the entire legal system.
This issue is further complicated by members of the judiciary who fail to take basic actions to protect vulnerable citizens. Many cases deserving of being represented are completely ignored. The case of George Floyd for example would have gone no where had it not been for the attorneys willing to face reality and the original intent of the law. Ahamad Auberry is another case that would have gone nowhere without the courage of a willing to stand for what is right.
We have many who are completely upset that people with the ability to bring attention to such cases are necessary. The alternative? Continue to completely ignore the rights of American citizens.
We have seen people essentially executed for using a cell phone in the yard of their grandparent. We have seen people choked to death for being a suspect of selling a single cigarette, Walking down the street. An 80 year frail woman with mental health problems being attacked by officers and having bones broken. The list goes on and on and none of them stand up to even the lowest levels of reasonableness.
We continue to see entire families traumatized without redress. Property destroyed without compensation. We see a “permit” to shoot first and think about it second. We continue to see people deprived of basic freedoms due to the interpretation of the rules by judges at all levels who are scared to do what is right and establish reason or even challenge the indefensible.
Qualified immunity has been used in many cases to protect officials who have engaged in a variety of misconduct, including fatal shootings, police brutality, stealing, sexual misconduct, and more.
There are ways to change this completely unreasonable rule.
- The Supreme Court can revisit the doctrine and abolish or limit it.
- Congress can legislate or abolish it
- The George Floyd Justice in Policing act for example is a law that addresses the problem.
- States and local jurisdictions cannot end qualified immunity because it is enshrined in federal law, but they can pass legislation that ends qualified immunity at the state level and that limits the harms caused by federal qualified immunity. For instance, states can ensure that even if qualified immunity would block a lawsuit in federal court, people whose rights have been violated can bring the same sort of lawsuit for the same violation of their rights in state court. Colorado, New Mexico, and New York City are all examples of places that have taken steps to do this.
There are a number of avenues available to end qualified immunity once and for all, but it will take relentless advocacy and legislation to get the job done.
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Qualified Immunity Explained
Supreme Court Strikes Down Qualified Immunity Claim – Ep. 7.276
This case COULD mean a shift in the court’s attitude toward the qualified immunity doctrine they created.
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His Name Is George Floyd: One Man’s Life and the Struggle for Racial Justice
A landmark biography by two prizewinning Washington Post reporters that reveals how systemic racism shaped George Floyd’s life and legacy—from his family’s roots in the tobacco fields of North Carolina, to ongoing inequality in housing, education, health care, criminal justice, and policing—telling the story of how one man’s tragic experience brought about a global movement for change.
“It is a testament to the power of His Name Is George Floyd that the book’s most vital moments come not after Floyd’s death, but in its intimate, unvarnished and scrupulous account of his life . . . Impressive.”—New York Times Book Review
“Since we know George Floyd’s death with tragic clarity, we must know Floyd’s America—and life—with tragic clarity. Essential for our times.”—Ibram X. Kendi, author of How to Be an Antiracist
“A much-needed portrait of the life, times, and martyrdom of George Floyd, a chronicle of the racial awakening sparked by his brutal and untimely death, and an essential work of history I hope everyone will read.”—Henry Louis Gates, Jr., author of The Black Church: This Is Our Story, This Is Our Song
The events of that day are now tragically familiar: on May 25, 2020, George Floyd became the latest Black person to die at the hands of the police, murdered outside of a Minneapolis convenience store by White officer Derek Chauvin. The video recording of his death set off the largest protest movement in the history of the United States, awakening millions to the pervasiveness of racial injustice. But long before his face was painted onto countless murals and his name became synonymous with civil rights, Floyd was a father, partner, athlete, and friend who constantly strove for a better life.
His Name Is George Floyd tells the story of a beloved figure from Houston’s housing projects as he faced the stifling systemic pressures that come with being a Black man in America. Placing his narrative within the context of the country’s enduring legacy of institutional racism, this deeply reported account examines Floyd’s family roots in slavery and sharecropping, the segregation of his schools, the overpolicing of his community amid a wave of mass incarceration, and the callous disregard toward his struggle with addiction—putting today’s inequality into uniquely human terms. Drawing upon hundreds of interviews with Floyd’s closest friends and family, his elementary school teachers and varsity coaches, civil rights icons, and those in the highest seats of political power, Washington Post reporters Robert Samuels and Toluse Olorunnipa offer a poignant and moving exploration of George Floyd’s America, revealing how a man who simply wanted to breathe ended up touching the world.
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Our mission is to provide those historical facts that have been omitted from history. Believing that America is strong because of contributions by all groups and individuals.
In addition to the lack of information, there seems to be a campaign to promote the disenfranchisement of groups by eliminating the contributions, mistreatment and inclusion. Instead promoting negative depictions which in the absence of other information paints a highly unfavorable picture.
We provide information that exists but is not included in mainstream history. Many wonder about the validity of these stories, so we include videos to enhance the experience and books to allow you to take advantage of additional materials that have existed over time.
To those ends, the books can be purchased from our partner Amazon. It is possible to not only read about the book, but to sample them as well, read a section or listen before deciding if it is one that you like. Click on the link. Note: many of these books are available in several forms, such as hard cover or soft cover, Kindle – eBooks that can be read on your smartphone or other device free with a free download, or Audible where the books are read to you. Again, they can be delivered instantly and enjoyed on phones or other devices with a free download.
We support our work by partnering with partners who pay us a small royalty for purchases made through our links. Many of these are to products that you may find interesting, however it is not necessary to purchase that product. How do you use the links then? Many links take you to several products so feel free to look. If it is a product that you do not want, simply click on the cart and click to remove any unwanted items, then shop to your heart’s content. We both benefit from this action, since the partner pays us without cost to you and are able to provide you outstanding information. A win-win situation for both of us. We depend on your using our links and appreciate it. Make use of our links a habit anytime you shop a partner.
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High Court Rejects Qualified Immunity Challenges | Cato Daily Podcast
High Court Rejects Qualified Immunity Challenges
Featuring Clark Neily, Jay Schweikert, and Caleb O. Brown
The Supreme Court has swept away all current challenges to qualified immunity, effectively keeping the doctrine’s attendant problems alive for the time being. Cato’s Jay Schweikert calls the decision a “dereliction of duty.” He and Cato’s Clark Neily comment on what can and should come next.
You can support the Cato Daily Podcast and the Cato Institute by becoming a Podcast Sponsor.
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Book
12 Seconds in the Dark: A Police Officer’s Firsthand Account of the Breonna Taylor Raid
You might think you know what happened in the tragic shooting of Breonna Taylor, but no one knows that better than the lead officer on the scene, Sergeant John Mattingly.
However, with the full support of the mainstream media, “Black Lives Matter” activists and other leftist groups immediately pounced on the tragedy, exploiting Breonna’s death and twisting the story—in some cases, telling outright lies—to bolster a shameful “All Cops Are Bastards” narrative and radical “Defund the Police” agenda.
In 12 Seconds in the Dark: A Police Officer’s Firsthand Account of the Breonna Taylor Raid, Sgt. Mattingly tells what really happened that horrible night. A 20-year police veteran with an impeccable record, Mattingly takes listeners inside the Louisville Metro Police Department’s response to suspected criminal activity that night, debunking lie after lie about what happened, including:
The officers followed standard forced-entry protocol—and even gave the suspect more time than usual to respond before entering.
Taylor’s boyfriend inside the apartment most certainly knew it was the police who were at his door, despite falsely claiming the police did not announce or identify themselves.
Breonna should not have died that night, but her death did not happen the way the media told you.
In this gritty and suspenseful true story, Mattingly sets the record straight on this shocking story that gripped the nation.
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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.
You can support the Cato Daily Podcast and the Cato Institute by becoming a Podcast Sponsor.
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Book
Above the Law: How “Qualified Immunity” Protects Violent Police
• A police officer kills a twelve-year-old boy. It’s caught on video. The officer gets off.
• A police officer strangles a man selling cigarettes. It’s caught on video. The officer gets off.
• A police officer shoots a man in his car. It’s live-streamed. The officer gets off.
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.
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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.”
Proponents of qualified immunity argue that it is necessary for police officers to perform their job without the fear of being sued. Critics say that qualified immunity offers too much protection for the police and lessens their accountability.
The Federalist Society’s Nebraska Lawyers Chapter hosted a zoom debate on the issue, covering points ranging from the merits of the doctrine as it is applied today to which branch of government—the Judiciary or Congress—should change it, if at all.
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Book
You Have the Right to Remain Innocent
An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police.
Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police―especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.
Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
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Dental Care
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The Doctrine of Qualified Immunity
On August 17, 2020, The Federalist Society’s Chicago Lawyers Chapter hosted a virtual panel on “The Doctrine of Qualified Immunity.” The panel explored the doctrine of qualified immunity that shields government officials from being held personally liable for constitutional violations and its future. Should the Supreme Court declare it unlawful? Should Congress amend it? How will law enforcement react if qualified immunity is changed?
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The following book is a great addition to the above and can be used to answer and further your search for ancestors that can bring pride to you. We come from strong roots, discover and take pride!
Black Roots: A Beginners Guide To Tracing The African American Family Tree
Trace, document, record, and write your family’s history with this easy-to-read, step-by-step authoritative guide.
Finally, here is the fun, easy-to-use guide that African Americans have been waiting for since Alex Haley published Roots more than twenty-five years ago. Written by the leading African American professional genealogist in the United States who teaches and lectures widely, Black Roots highlights some of the special problems, solutions, and sources unique to African Americans. Based on solid genealogical principles and designed for those who have little or no experience researching their family’s past, but valuable to any genealogist, this book explains everything you need to get started, including: where to search close to home, where to write for records, how to make the best use of libraries and the Internet, and how to organize research, analyze historical documents, and write the family history.
This guide also includes:
-real case histories that illustrate the unique challenges posed to African Americans and how they were solved
-more than 100 illustrations and photographs of actual documents and records you’re likely to encounter when tracing your family tree
-samples of all the worksheets and forms you’ll need to keep your research in order
-a list of the traps even experienced researchers often fall into that hamper their research
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For Black History Month 2020, we posted daily. These posts focus on the reality of Black life in America after the Civil War culminating in the landmark Brown v Board of Education that changed so many of the earlier practices. To see the posts, click here
For Black History Month 2021, we focused on Black Medical Achievements, Inventors and Scientists. To see those posts, click here.
For Black History Month 2022 we focused on “Health and Wellness”. To see the entire series, click this link.
For Women’s History Month 2022 we introduced you to 31 amazing Black women we should all know. To see the entire series, click this link.
We also posted a 5 part mini-series on the 100th anniversary of one of the most horrific massacres in the history of America. Hundreds of Blacks were slaughtered and 10,000 left homeless in this largely unknown event. To see the posts, click here.
We also did a mini-series on the Schomburg Center for Research a most amazing collection of Black history and culture. To see this mini-series, click here
The Schomburg Center
A world class collection of Black History inspired by a 5th grade teacher who told Arturo Schomburg that there was NO African history. Nothing of value. Schomburg dedicated his life to proving that teacher wrong and Schomburg did an amazing job with his collection.
Schomburg – The man who built a library
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Difficulty understanding logic in this case is understandable as experts are still debating the wisdom of not only the ruling that allows for this rule but ways and reasons to change or modify the law. As citizens, there is reason to be involved as in one of the remedies start with the people we put into office. This is one of the reasons it has taken us over 120 years to make it a federal law to lynch a person in America. Life is not a spectator sport!