As calls grow for the US Supreme Court to weigh in on qualified immunity — which makes it difficult to sue police for serious misconduct — the court said Monday it will not hear any of the cases before its next term, which is slated to begin in October.
gave police the keys to her house when they were looking for her ex-boyfriend, who was a fugitive. But instead of going in, they bombarded the house for hours with tear gas, destroying everything inside. It turned out he wasn't there, but when West sued, she lost. Lower courts sided with the police, saying no court had ever explicitly ruled that giving police authority to enter your home did not constitute permission to bomb it with tear gas.
Justice Clarence Thomas, a member of the court’s conservative majority, wrote in the Baxter order that he would have preferred to review the case.Taking up these or other cases would have presented the high court with an opportunity to jump into the national debate over whether suing police officers for misconduct should be made less challenging.
A 1982 Supreme Court rule on qualified immunity 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.
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." Thomas has also said the doctrine has no basis in the Constitution.
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