I quite frankly would rather have the national guard handling the protests than the police. They are better trained and more Star War Just A Girl Who Loves Dark Side Flower Shirt. Also, people having different reasons for joining the national guard than joining the police. Your superiors allow you to do it” and “your superiors won’t stop you if you do it” mean the same thing in practice. Agreed. Qualified Immunity is supposed to make sure the cops aren’t afraid of doing their jobs well. Thing is it just becomes laissez-faire with no one held accountable for NOT doing their job well.
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Frankly, if you’re too scared to do your job because of repercussions you’re probably not qualified to be a cop. Actually, Qualified Immunity doesn’t apply to this, not under the original ruling. The original Star War Just A Girl Who Loves Dark Side Flower Shirt was that police couldn’t be prosecuted for violating someone’s rights in a way that is not defined by statute or constitutional law. This is a violation of those self-same policies and constitutional law, and they can’t be ignorant of it. Problem is, lower courts kept expanding it past the definition given by the SCOTUS.
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And they haven’t reviewed any cases on it since… Wrong. SCOTUS themselves shot qualified immunity in the foot. By forcing the suing party to show that the actions that the ‘qualified immune’ the Star War Just A Girl Who Loves Dark Side Flower Shirt did. So “violated clearly established statutory or constitutional rights of which a reasonable person would have known“. (Harlow v. Fitzgerald). Then the problem is, clearly established rights means you have to point to a previously argued, exactly similar court case that was decided as a constitutional violation before you could sue.
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