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New York City Ends Qualified Immunity Protection From Lawsuits For Its Police Officers (1 Viewer)

Posting here since you started a new thread

Does anyone know, are the officers allowed to obtain insurance to cover the lawsuits?  Of course I don't think willful negligence is insurable...but there's lots of grey.

 
Posting here since you started a new thread

Does anyone know, are the officers allowed to obtain insurance to cover the lawsuits?  Of course I don't think willful negligence is insurable...but there's lots of grey.
Yeah, it seems like the first end to qualified immunity in a large metro area, so I figured it deserved a thread.

I do not know the answer to your question, likely because it seems to be the first large community to end the grant of immunity.

 
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Yeah, it seems like the first end to qualified immunity in a large metro area, so I figured it deserved a thread.

I do not know the answer to your question, likely because it seems to be the first large community to end the grant of immunity.
Yep.  I kinda wished they ended it entirely rather than one narrow element as I'm not sure we'll learn anything from this specific application.

I think there are pros/cons to ending QI.  I think where I net out is that I would keep it and there are more effective and efficient ways to achieve the desired outcomes.

 
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Yep.  I kinda wished they ended it entirely rather than one narrow element as I'm not sure we'll learn anything from this specific application.

I think there are pros/cons to ending QI.  I think where I net out is that I would keep it and there are more effective and efficient ways to achieve the desired outcomes.
You mean narrow in terms of applying it just to policing or that I said that it was limited to unlawful searches and seizures rather than all of policing? Because it could be a misleading article in that respect, or not reported upon correctly. I'm assuming it only ends immunity for searches and seizures, I think. Or was that said in the article? Anyway, thanks for pointing that out. I wouldn't have necessarily delved too much into it because I can't think of any other cases besides wrongful death suits that could be instituted.

 
It's against unreasonable searches, seizures, and excessive force claims, according to CNN, so it covers brutality and killing, I think. That's not too narrow an application, one would think.

 
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You mean narrow in terms of applying it just to policing or that I said that it was limited to unlawful searches and seizures rather than all of policing? Because it could be a misleading article in that respect, or not reported upon correctly. I'm assuming it only ends immunity for searches and seizures, I think. Or was that said in the article? Anyway, thanks for pointing that out. I wouldn't have necessarily delved too much into it because I can't think of any other cases besides wrongful death suits that could be instituted.
My reaction was to the bolded

 
I worry that completely abolishing QI may be going too far in the opposite direction, but QI has been abused so badly by law enforcement that I'm happy to see somebody try an experiment along these lines.  It will be interesting to see how this goes.

Also maybe end the drug war while we're at it.

 
I worry that completely abolishing QI may be going too far in the opposite direction, but QI has been abused so badly by law enforcement that I'm happy to see somebody try an experiment along these lines.  It will be interesting to see how this goes.

Also maybe end the drug war while we're at it.
Is there any data to support how many times or potentially how much in the way of financial penalties or incarceration avoided?  Do you have a great example of it being so badly abused?  Thanks if you do...education purposes not a challenge.

 
Is there any data to support how many times or potentially how much in the way of financial penalties or incarceration avoided?  Do you have a great example of it being so badly abused?  Thanks if you do...education purposes not a challenge.
If you want to sit and really read this, I'll bet you find an inkling to your answer. It's probably not as large a number of cases that get dismissed for qualified immunity as once thought.

https://www.yalelawjournal.org/article/how-qualified-immunity-fails

 

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