Opinion: Qualified immunity must end to hold police accountable and restore public trust [Opinion]
was formerly a deputy district attorney for the San Diego County District Attorney’s Office. Both are speakers with the Law Enforcement Action Partnership..” Implied here is the ability to have our day in court when a public official violates our rights.
Qualified immunity is a doctrine that blocks any public official from being held accountable for violating people’s constitutional rights, unless a previous court has specifically ruled on the behavior in question.Opinion: Civil servants are just trying to do the right thing. Qualified immunity protects them.
Public employees are trained to do their jobs to the best of their abilities and in accordance with the law, but they aren’t attorneys. Here is a case that demonstrates why this doctrine is flawed. In 2017, an officer subjected a San Diego man to, smashing his face on a police car, according to an internal San Diego Police Department investigation. If the victim had sued the officer, California’s state courts would have thrown out the lawsuit because face smashing on police cars has not specifically been found to violate rights by past courts.
Meanwhile, the officer in question racked up numerous other investigations after this incident and was only fired after holding a gun to his fiance’s head. Would he have felt empowered to continue acting this way if he could be held personally liable for his vicious actions?
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