This week, after protests over George Floyd’s death, the Supreme Court may revisit a key doctrine shielding police officers.
by letting victims and their families sue abusive government officials. But the Supreme Court has butchered that law to prevent countless victims of police brutality from seeking justice through one of the only state-sanctioned avenues available to them. At their conference on Thursday, the justices will have an opportunity to begin unraveling the catastrophic case law that allows so many officers—including, apparently, Floyd’s killers—to murder civilians with impunity.
Although the Constitution bars government officials from engaging in race discrimination, conducting unreasonable searches and seizures, or taking someone’s life without due process, those guarantees do not enforce themselves. Congress recognized this problem during Reconstruction, when Southern state officials refused to protect newly freed black citizens, instead colluding with white civilians to terrorize them.
Under the Supreme Court’s current interpretation of Section 1983, however, it is not enough for victims to prove a violation of some constitutional right. They must also demonstrate that this right is “clearly established,” meaning a court has previously found that a very similar offense violated the Constitution. If a victim cannot meet this burden, the state official receives “qualified immunity,” and the lawsuit fails.
The addition of a “clearly established” requirement has transformed Section 1983 into a rubber stamp for egregious police misconduct. It is almost always possible for a judge to insist that a right is not “clearly established” because there is no precedent with the exact same facts. Two cases from 2017 illustrate the absurdity of this rule. In one, a court granted qualified immunity
Deutschland Neuesten Nachrichten, Deutschland Schlagzeilen
Similar News:Sie können auch ähnliche Nachrichten wie diese lesen, die wir aus anderen Nachrichtenquellen gesammelt haben.
Diner Breakfast Is the Perfect Meal to Dream About Right NowA diner breakfast isn't just a meal; it's a full experience. And it’s impossible to re-create it at home. asytsma writes
Weiterlesen »
Robinhood says it's fixed an issue that showed incorrect portfolio values for users | Markets InsiderRobinhood said Wednesday it fixed an issue that led some users' portfolios to display incorrect balances. The company tweeted it 'encountered an...
Weiterlesen »
Do you need to get HBO Max? Our TV critic weighs inTV critic Robert Lloyd breaks down the good, the bad and the ugly of the latest entrant in the streaming wars so you can decide whether it's worth the money.
Weiterlesen »
Don't throw away those Visa debit cards: They have stimulus cashAbout 4 million people are getting stimulus cash on Visa debit cards. Some thought envelopes marked 'Money Network Cardholder Services' were scams.
Weiterlesen »
Experts Say George Floyd's Death Once Again Shows Police Officers Should Be Banned From Crushing People’s NecksPolice experts say it’s a “very, very risky” and dangerous maneuver that should be banned except in deadly force incidents.
Weiterlesen »
Don’t Make Someone Else’s Gender About You — It’s NotIt’s okay if you don’t “get it.” It’s okay if you ask questions, or need time to make some adjustments.
Weiterlesen »