The System Is Rigged: Qualified Immunity Is How the Police State Stays in Power
Lawyers tend to offer complicated, convoluted explanations for the doctrine of qualified immunity, which was intended to insulate police from frivolous lawsuits, but its real purpose, writes constitutional attorney John Whitehead, is to rig the system,
CHARLOTTESVILLE (Rutherford) –– The system is rigged, the government is corrupt, and “we the people” continue to waste our strength by fighting each other rather than standing against the tyrant in our midst.
Because the system is rigged, because the government is corrupt, and because “we the people” remain polarized and divided, the police state will keep winning and “we the people” will keep losing.
Because the system is rigged and the U.S. Supreme Court—the so-called “people’s court”—has exchanged its appointed role as a gatekeeper of justice for its new role as maintainer of the status quo, there will be little if no consequences for the cops who brutalize and no justice for the victims of police brutality.
Because the system is rigged, there will be no consequences for police who destroyed a private home by bombarding it with tear gas grenades during a SWAT team raid gone awry, or for the cop who mistakenly shot a 10-year-old boy after aiming for and missing the non-threatening family dog, or for the arresting officer who sicced a police dog on a suspect who had already surrendered.
This is how unarmed Americans keep dying at the hands of militarized police.
By refusing to accept any of the eight or so qualified immunity cases before it this term that strove to hold police accountable for official misconduct, the Supreme Court delivered a chilling reminder that in the American police state, ‘we the people’ are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to ‘serve and protect.”
This is how qualified immunity keeps the police state in power.
Lawyers tend to offer a lot of complicated, convoluted explanations for the doctrine of qualified immunity, which was intended to insulate government officials from frivolous lawsuits, but the real purpose of qualified immunity is to rig the system, ensuring that abusive agents of the government almost always win and the victims of government abuse almost always lose.
How else do you explain a doctrine that requires victims of police violence to prove that their abusers knew their behavior was illegal because it had been deemed so in a nearly identical case at some prior time: it’s a setup for failure.
Do you know how many different ways a cop can kill, maim, torture and abuse someone without being held liable?
The cops know: in large part due to training classes that drill them on the art of sidestepping the Fourth Amendment, which protects us from being bullied, badgered, beaten, broken and spied on by government agents.
This is how “we the people” keep losing.
https://www.mintpressnews.com/system-is-rigged-qualified-immunity-is-how-police-stay-in-power/268628/