Deprecated: strpos(): Passing null to parameter #1 ($haystack) of type string is deprecated in /www/data/home2/proffx/public_html/wp-includes/functions.php on line 7300

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /www/data/home2/proffx/public_html/wp-includes/functions.php on line 2189

Deprecated: Optional parameter $post_id declared before required parameter $field is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/acf-value-functions.php on line 54

Deprecated: Optional parameter $value declared before required parameter $field is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/acf-value-functions.php on line 166

Deprecated: Optional parameter $post_id declared before required parameter $field is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/acf-value-functions.php on line 166

Deprecated: Creation of dynamic property ACF::$fields is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/fields.php on line 138

Deprecated: Creation of dynamic property ACF::$locations is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/locations.php on line 129

Deprecated: Creation of dynamic property ACF::$json is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/json.php on line 185

Deprecated: Creation of dynamic property acf_loop::$loops is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/loop.php on line 28

Deprecated: Creation of dynamic property ACF::$loop is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/loop.php on line 269

Deprecated: Creation of dynamic property ACF::$revisions is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/revisions.php on line 397

Deprecated: Creation of dynamic property acf_validation::$errors is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/validation.php on line 28

Deprecated: Creation of dynamic property ACF::$validation is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/validation.php on line 214

Deprecated: Optional parameter $key declared before required parameter $value is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/ajax/class-acf-ajax.php on line 78

Deprecated: Creation of dynamic property acf_form_customizer::$preview_values is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/forms/form-customizer.php on line 28

Deprecated: Creation of dynamic property acf_form_customizer::$preview_fields is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/forms/form-customizer.php on line 29

Deprecated: Creation of dynamic property acf_form_customizer::$preview_errors is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/forms/form-customizer.php on line 30

Deprecated: Creation of dynamic property ACF::$form_front is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/forms/form-front.php on line 598

Deprecated: Creation of dynamic property acf_form_widget::$preview_values is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/forms/form-widget.php on line 34

Deprecated: Creation of dynamic property acf_form_widget::$preview_reference is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/forms/form-widget.php on line 35

Deprecated: Creation of dynamic property acf_form_widget::$preview_errors is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/forms/form-widget.php on line 36

Deprecated: Creation of dynamic property WC_Gateway_PPEC_Plugin::$gateway_loader is deprecated in /www/data/home2/proffx/public_html/pub/plugins/woocommerce-gateway-paypal-express-checkout/includes/class-wc-gateway-ppec-plugin.php on line 371

Deprecated: Creation of dynamic property WC_Gateway_PPEC_Plugin::$admin is deprecated in /www/data/home2/proffx/public_html/pub/plugins/woocommerce-gateway-paypal-express-checkout/includes/class-wc-gateway-ppec-plugin.php on line 372

Deprecated: Creation of dynamic property WC_Gateway_PPEC_Plugin::$checkout is deprecated in /www/data/home2/proffx/public_html/pub/plugins/woocommerce-gateway-paypal-express-checkout/includes/class-wc-gateway-ppec-plugin.php on line 373

Deprecated: Creation of dynamic property WC_Gateway_PPEC_Plugin::$cart is deprecated in /www/data/home2/proffx/public_html/pub/plugins/woocommerce-gateway-paypal-express-checkout/includes/class-wc-gateway-ppec-plugin.php on line 374

Deprecated: Creation of dynamic property WC_Gateway_PPEC_Plugin::$ips is deprecated in /www/data/home2/proffx/public_html/pub/plugins/woocommerce-gateway-paypal-express-checkout/includes/class-wc-gateway-ppec-plugin.php on line 375

Deprecated: Creation of dynamic property WC_Gateway_PPEC_Plugin::$client is deprecated in /www/data/home2/proffx/public_html/pub/plugins/woocommerce-gateway-paypal-express-checkout/includes/class-wc-gateway-ppec-plugin.php on line 376

Deprecated: Creation of dynamic property ACF_Data::$site_data is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/class-acf-data.php on line 334

Deprecated: Creation of dynamic property ACF_Data::$site_aliases is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/class-acf-data.php on line 335

Deprecated: Creation of dynamic property ACF_Data::$site_data is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/class-acf-data.php on line 334

Deprecated: Creation of dynamic property ACF_Data::$site_aliases is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/class-acf-data.php on line 335

Deprecated: Creation of dynamic property ACF_Data::$site_data is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/class-acf-data.php on line 334

Deprecated: Creation of dynamic property ACF_Data::$site_aliases is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/class-acf-data.php on line 335

Deprecated: Creation of dynamic property myCRED_Network_Module::$network_enabled is deprecated in /www/data/home2/proffx/public_html/pub/plugins/mycred/modules/mycred-module-network.php on line 77

Deprecated: Creation of dynamic property acf_field_oembed::$width is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/fields/class-acf-field-oembed.php on line 31

Deprecated: Creation of dynamic property acf_field_oembed::$height is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/fields/class-acf-field-oembed.php on line 32

Deprecated: Creation of dynamic property acf_field_google_map::$default_values is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/fields/class-acf-field-google-map.php on line 33

Deprecated: Creation of dynamic property acf_field__group::$have_rows is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/includes/fields/class-acf-field-group.php on line 31

Deprecated: Optional parameter $i declared before required parameter $post_id is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-repeater.php on line 719

Deprecated: Optional parameter $i declared before required parameter $post_id is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-repeater.php on line 783

Deprecated: Optional parameter $name declared before required parameter $field is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-flexible-content.php on line 1029

Deprecated: Optional parameter $i declared before required parameter $post_id is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-flexible-content.php on line 1066

Deprecated: Optional parameter $i declared before required parameter $post_id is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-flexible-content.php on line 1116

Deprecated: Optional parameter $id declared before required parameter $field is implicitly treated as a required parameter in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-gallery.php on line 297

Deprecated: Creation of dynamic property acf_field_clone::$cloning is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-clone.php on line 34

Deprecated: Creation of dynamic property acf_field_clone::$have_rows is deprecated in /www/data/home2/proffx/public_html/pub/plugins/wplocalplus/include/acf/pro/fields/class-acf-field-clone.php on line 35
Qualified immunity comes up in police reform discussions, but what does it mean and how does it impact you? – Cincy Link
Cincy NewsNews

Qualified immunity comes up in police reform discussions, but what does it mean and how does it impact you?

Police reform has been at the forefront of protests the past few weeks, following the death of George Floyd in Minneapolis.

The qualified immunity doctrine is getting a lot of attention.

“Qualified immunity is a doctrine that was created by the Supreme Court in 1967 in a case called Pierson v. Ray, and when the Supreme Court announced the existence of qualified immunity, they described it as a good faith defense,” Joanna Schwartz, a professor at the UCLA School of Law, said.

However, there have been debates on how this doctrine can be used.

In recent weeks, Congressman Justin Amash proposed the “Ending Qualified Immunity Act” (H.R. 7085).

“Qualified immunity is just another example of a justice system that is not working for people, and preventing people from getting the redress they deserve,” Representative Justin Amash (L-Michigan) said.

So, we dove into qualified immunity with Joanna Shwartz, a law professor who studies civil rights litigation, and Justin Smith, a sheriff in Larimer County, Colorado.

“Qualified immunity first of all has nothing to do with criminal immunity,” Sheriff Justin Smith said.

Smith has been with the Larimer County Sheriff’s Department for nearly three decades.

“Who in their right mind would build a career on running towards gun fire and confronting an armed suspect? Why would you do it without some type of civil protection?,” he explained.

We sat down with him as he explained why qualified immunity is important for his officers.

“I’d simply ask the question to the average American, is a police officer expected to be perfect in all of their actions in a split second?,” he asked.

Smith said without qualified immunity, one incorrect decision made by an officer could cost a lot.

“If you didn’t call that exactly right by one judges interpretation, that's a lawsuit,” he said.

“Every time the officer puts on the shirt, the badge, straps on the firearm, comes to work, every action they take responding to a case essentially is as if they went to Vegas and they walked up to the table, placed a five dollar bet, and in Colorado for example, would cost them up to $100,000. Who's going to make that bet?,” Smith explained.

However, those who want qualified immunity removed say the doctrine has changed over the years and it’s not necessary to protect officers who act in good faith when it comes to protection of rights.

“Concerns about split second decision making...are already protected from liability by the Supreme Court's construction of what the Fourth Amendment allows. Qualified immunity is unnecessary to do that,” Schwartz explained.

She went on to explain why she believes that qualified immunity isn’t necessary for the protection of money, either.

“I studied lawsuit payouts across the country over several years, I found that police officer personally contributed .02 percent of the total dollars paid to plaintiffs,” she said.

Schwartz said while the doctrine was originally created as a good faith defense, it has changed over the years to make it harder for people to file lawsuits against officers.

“In order to defeat qualified immunity, find a prior case with virtually identical facts in which a court announced that that conduct was unconstitutional,” she said.

Which has been an issue for James King from Michigan, who told a reporter he was assaulted by an officer in plain clothes in a mistaken identity case. The incident was caught on camera back in July 2014.

“The simple fact is the majority of this time this situation happens to anyone, they have no recourse,” King said.

Officers are often forced to make decisions in a split second.

“This is a risk taking profession,” Smith said. “We can say the criminal justice system isn't perfect and that's accurate. Nothing in society is perfect. I think it’s overall improved significantly over the years.”

But Schwartz thinks officers acting in good faith can be protected by other measures.

“Qualified immunity is not necessary or well suited to play that role in weeding out insubstantial cases,” she said.

Both Smith and Schwartz agree that when looking at proposed changes to qualified immunity on the federal and state level, it’s important to look at what officers the bill is including -- whether that be local, county, state, or federal officers.

“Congress’ bills at this moment only end qualified immunity for state and local officials,” Schwartz explained. “As we are thinking about state and local law enforcement, we should not overlook the role of federal law enforcement and other government officials.”




Source link

Show More

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button

Notice: ob_end_flush(): Failed to send buffer of zlib output compression (0) in /www/data/home2/proffx/public_html/wp-includes/functions.php on line 5427