US Supreme Court may consider making it easier to sue police for misconduct; justices are weighing the issue known as 'qualified immunity,' which protects law enforcement.
That's how the Supreme Court's 1982 rule works. Known as qualified immunity, it says police cannot be held legally responsible for violating someone's civil rights unless courts have clearly established that the conduct is illegal. It was intended to protect police from frivolous lawsuits and prevent judges from second-guessing every split-second decision law enforcement officers must make.
"Qualified immunity means that government officials can get away with violating your rights as long as they violated them in a way nobody thought of before," said Anya Bidwell, a lawyer for the Institute of Justice, which is urging the Supreme Court to take up the issue."That means that the most egregious abuses are frequently the ones for which no one can be held to account."
"If no such case happens to be on the books, their case will be summarily tossed out of court," Neily said."Such is the perversity of the Supreme Court’s qualified immunity doctrine.” Two Supreme Court justices on opposite sides of the ideological spectrum have repeatedly questioned the rule. Sonia Sotomayor, perhaps the court's most liberal member, said it has created"an absolute shield for law enforcement officers." Clarence Thomas has said the doctrine has no basis in the Constitution.
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