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So, @TuckerCarlson’s rant last night was based on an imaginary version of #QualifiedImmunity, not the actual doctrine that shields police (and all other govt officials) who violate the Constitution. Here are a few things he gets wrong in this clip:
https://www.mediamatters.org/fox-news/tucker-carlson-says-ending-qualified-immunity-would-end-law-enforcement
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https://www.mediamatters.org/fox-news/tucker-carlson-says-ending-qualified-immunity-would-end-law-enforcement
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“Cops can’t be sued when they ‘accidentally’ violate people’s rights.” #QualifiedImmunity does not distinguish between accidental and intentional actions. The 9th Cir. recently used #QI to shield police accused of *intentionally* stealing money: https://ij.org/press-release/police-stole-225k-in-cash-and-coins-and-the-courts-said-okay/
“Cops can’t be sued when they ‘accidentally’ violate people’s rights.” #QualifiedImmunity does not distinguish between accidental and intentional actions. The 9th Cir. recently used #QI to shield police accused of *intentionally* stealing money: https://ij.org/press-release/police-stole-225k-in-cash-and-coins-and-the-courts-said-okay/
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“[Qualified] immunity has nothing to do with the George Floyd case; that cop is in jail.” It’s true that #QualifiedImmunity is a civil doctrine. But the only reason it hasn’t yet come up in the #GeorgeFloyd story is that his family hasn’t had time to bring their civil suit.
“[Qualified] immunity has nothing to do with the George Floyd case; that cop is in jail.” It’s true that #QualifiedImmunity is a civil doctrine. But the only reason it hasn’t yet come up in the #GeorgeFloyd story is that his family hasn’t had time to bring their civil suit.
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When #GeorgeFloyd’s family sues his killer, he will likely claim #QualifiedImmunity, and he can still get it, even if he is convicted of murder. (Also, note that #QI the only avenue victims have to vindicate their *constitutional* rights.) https://www.usatoday.com/story/opinion/2020/05/30/police-george-floyd-qualified-immunity-supreme-court-column/5283349002/
When #GeorgeFloyd’s family sues his killer, he will likely claim #QualifiedImmunity, and he can still get it, even if he is convicted of murder. (Also, note that #QI the only avenue victims have to vindicate their *constitutional* rights.) https://www.usatoday.com/story/opinion/2020/05/30/police-george-floyd-qualified-immunity-supreme-court-column/5283349002/
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#QualifiedImmunity is necessary because “police must make split-second decisions.” #QI is about whether the right that was violated was “clearly established,” not whether the officer had time to think before reacting. Timing doesn’t factor in to the #QI analysis.
#QualifiedImmunity is necessary because “police must make split-second decisions.” #QI is about whether the right that was violated was “clearly established,” not whether the officer had time to think before reacting. Timing doesn’t factor in to the #QI analysis.
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You know what would take into account split-second decisions by cops? The 4th Amendment, which only prohibits “unreasonable” actions. But often courts don’t reach the merits of constitutional claims because #QualifiedImmunity short circuits the process. https://twitter.com/ShortCircuit_IJ/status/1271551515132657667
You know what would take into account split-second decisions by cops? The 4th Amendment, which only prohibits “unreasonable” actions. But often courts don’t reach the merits of constitutional claims because #QualifiedImmunity short circuits the process. https://twitter.com/ShortCircuit_IJ/status/1271551515132657667
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“Sometimes something they believe is legal is found by a court to be unconstitutional.” While Tucker says this in opposition to #QI reform, this is actually how #QI works: cops are presumed to know what rights have been “clearly established” by courts. https://ij.org/sc_podcast/137/
“Sometimes something they believe is legal is found by a court to be unconstitutional.” While Tucker says this in opposition to #QI reform, this is actually how #QI works: cops are presumed to know what rights have been “clearly established” by courts. https://ij.org/sc_podcast/137/
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Police “could lose their homes.” No. Research from @JCSchwartzProf shows that govt employers pick up the tab for 99.98% of the damages. Ending #QualifiedImmunity wouldn't bankrupt cops, but it would make it easier for victims to get a remedy. https://www.nyulawreview.org/issues/volume-89-number-3/police-indemnification/
Police “could lose their homes.” No. Research from @JCSchwartzProf shows that govt employers pick up the tab for 99.98% of the damages. Ending #QualifiedImmunity wouldn't bankrupt cops, but it would make it easier for victims to get a remedy. https://www.nyulawreview.org/issues/volume-89-number-3/police-indemnification/
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“No one would be a police officer without #QI.” The most limited form of #QualifiedImmunity was created by SCOTUS in 1967 and morphed into its current form in 1982. We had cops before 1967, and they weren’t in constant fear of being financial ruined by their honest mistakes.
“No one would be a police officer without #QI.” The most limited form of #QualifiedImmunity was created by SCOTUS in 1967 and morphed into its current form in 1982. We had cops before 1967, and they weren’t in constant fear of being financial ruined by their honest mistakes.
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“Police benefit from" #QualifiedImmunity. What Tucker leaves out is that #QI applies to *all* government officials, not just police. So, he's arguing that IRS agents and govt regulators should be allowed to violate the Constitution too. https://ij.org/congress-must-make-it-clear-that-the-constitution-applies-to-federal-officers-as-much-as-it-applies-to-state-officers/
“Police benefit from" #QualifiedImmunity. What Tucker leaves out is that #QI applies to *all* government officials, not just police. So, he's arguing that IRS agents and govt regulators should be allowed to violate the Constitution too. https://ij.org/congress-must-make-it-clear-that-the-constitution-applies-to-federal-officers-as-much-as-it-applies-to-state-officers/
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“They can be sued personally when they [intentionally violate rights] and they often are.” No. Here’s a thread that addresses just the cases the Supreme Court recently declined to consider, where the bad acts of govt officials were shielded: https://twitter.com/pjaicomo/status/1271074917153456128
“They can be sued personally when they [intentionally violate rights] and they often are.” No. Here’s a thread that addresses just the cases the Supreme Court recently declined to consider, where the bad acts of govt officials were shielded: https://twitter.com/pjaicomo/status/1271074917153456128
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If you want to hear about how #QualifiedImmunity actually works, listen to @IJ’s Deep Dive podcast on the subject:
If you want to hear about how #QualifiedImmunity actually works, listen to @IJ’s Deep Dive podcast on the subject:
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Or if you have any other questions about #QualifiedImmunity, you can probably find the answers here: https://ij.org/congress-must-make-it-clear-that-the-constitution-applies-to-federal-officers-as-much-as-it-applies-to-state-officers/
Or if you have any other questions about #QualifiedImmunity, you can probably find the answers here: https://ij.org/congress-must-make-it-clear-that-the-constitution-applies-to-federal-officers-as-much-as-it-applies-to-state-officers/
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Tucker, give me a shout if you want to talk about #QualifiedImmunity. But let's talk about what #QI actually does and doesn’t do, not just build a scary strawman to tear down in opposition to #PoliceReform. Here’s another @IJ podcast on QI:
Tucker, give me a shout if you want to talk about #QualifiedImmunity. But let's talk about what #QI actually does and doesn’t do, not just build a scary strawman to tear down in opposition to #PoliceReform. Here’s another @IJ podcast on QI:
Now, you can watch me discuss six things @TuckerCarlson got wrong about #QualifiedImmunity on his show last night.
It's time to #EndQualifiedImmunity.
We at @IJ think the Constitution applies to *all* government officials, including police. #AbolishQI
It's time to #EndQualifiedImmunity.
We at @IJ think the Constitution applies to *all* government officials, including police. #AbolishQI
