• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

The Qualified Immunity Doctrine...

C

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
Hi Folks

While this subject is not OC related, the topic has been referenced here in many threads..

The Qualified Immunity doctrine protects government officials from liability for civil damages' insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known"
see Harlow v Fitzgerald 457 U.S. 800,818 (1982)...

What this doctrine means is that if your statutory/civil rights or constitutional rights are not clearly violated then you have no redress, however if your rights are clearly violated then QI gets tossed out the court room window..

QI does not trump civil or constitutional rights.. If you feel that your rights have been violated, seek out a competent attorney well versed in constitutional law.. Said attorney will be familiar with USC title 18 - 241 and 242. There is also civil redress under USC title 42 section 1983 and possibly 1981 and 1985...

Unlawful actions by government agents have repercussions.. Under the 1983 section, you can also bring suit against the individual actor..
QI only protects those that are innocent of the violations...

My .02

Best regards
CCJ
 
Last edited:
solus

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
countryclubjoe said:
Hi Folks

While this subject is not OC related, the topic has been referenced here in many threads..

The Qualified Immunity doctrine protects government officials from liability for civil damages' insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known"
see Harlow v Fitzgerald 457 U.S. 800,818 (1982)...

What this doctrine means is that if your statutory/civil rights or constitutional rights are not clearly violated then you have no redress, however if your rights are clearly violated then QI gets tossed out the court room window..

QI does not trump civil or constitutional rights.. If you feel that your rights have been violated, seek out a competent attorney well versed in constitutional law.. Said attorney will be familiar with USC title 18 - 241 and 242. There is also civil redress under USC title 42 section 1983 and possibly 1981 and 1985...

Unlawful actions by government agents have repercussions.. Under the 1983 section, you can also bring suit against the individual actor..
QI only protects those that are innocent of the violations...

My .02

Best regards
CCJ
Click to expand...

tks for this tidbit on a subject i have been pondering on awhile, and if i might ~ since you have your finger in the book...when and why (circumstances.) did the this propogated in the first place?

finally, if QI is a recent manifestation, e.g. established in say sixties, has police caused injuries to civilians significantly increased. i can this if someone has bkgnd when and why the practice began.

again tks ccj, tis appreciated

ipse
 
solus

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Nightmare said:
https://supreme.justia.com/cases/federal/us/457/800/case.html
Click to expand...

tks read that and others that ccj initially posted, these (paraphased) talk about defense of absolute immunity, well on second thought maybe not absolute, but 'qualified' immunity...

absolute immunity? any USC bestowing that to whom specifically?

QI, you are saying the concept is just case law no USC behind the mentality?

or did the concept mythically pop up and the powers that be did a May day dance around the pole and now it is embedded in our folk lore judical system?

ipse
 
color of law

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,947
Location
Cincinnati, Ohio, USA
Nightmare said:
https://supreme.justia.com/cases/federal/us/457/800/case.html
Click to expand...
And that is a wishy-washy standard. Qualified Immunity was judicially fabricated based on Article I - Section 6 of the constitution.
Article I - Section. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Click to expand...
Slippery slope.
 
davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
color of law said:
And that is a wishy-washy standard. Qualified Immunity was judicially fabricated based on Article I - Section 6 of the constitution.
Slippery slope.
Click to expand...

Even this immunity has been cut back by the courts ... seen many cases where this argument was made by congressmen only to have it shot down by the courts.
 
You must log in or register to reply here.
Top