A federal court in South Carolina provides redundant evidence that the doctrine enables government actors to violate constitutional rights with impunity.
King’s family asserts that his death resulted from prison officials’ being “deliberately indifferent” to the danger he was in. He was held in a prison unit for inmates with “persistent mental illness.” There Philip and Simmons, who had violent prison histories, according to the court document, were in charge of administering other inmates’ janitorial duties, and enjoyed special privileges, including unsupervised roaming from 6 a.m. to 6 p.m.
Sgt. DeWaun McKan conducted the required security checks every 30 minutes, but did not look into Simmons’s cell, as his training required. When alerted to the bodies, McKan neither checked for pulses nor performed CPR, instead radioing for help. King’s family sued McKan and various prison administrators under a theory of “supervisory liability.”The 4th Circuit affirmed qualified immunity for everyone: “There is no clearly established constitutional right to properly conducted security checks.
proscription of “cruel and unusual punishments” supposedly requires King’s family to “pinpoint” with “specificity” a “precise” constitutional right violation. The “general risks” of prison life are insufficient.wrote that what the majority called an “atrocity” — an atrocity without a remedy? — occurred because two double-murderers could circulate through the prison unit unsupervised.
Qualified immunity has, at most, a narrow justification: protecting government actors who must make split-second decisions in dangerous situations. Granting qualified immunity in a “failure-to-protect” case constitutes permission for lethal neglect. Americans would gag if they had an inkling of what occurs, unreported, in prisons. Americans should, however, be sickened when judges, with hairsplitting misapplications of qualified immunity, openly abet governmental malfeasance that allows prison violence. When prisoners depend on protection by governments that cannot be held accountable for culpable indifference, mayhem proliferates, lethally.
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