Qualified Immunity: Unreasonable Standards

Topic: Qualified Immunity, Law, Police Accountability, Right to jury trial Title: Qualified Immunity: Unreasonable Standards Participants: John Burton, Civil Rights Attorney www.johnburtonlaw.com Release Date: 08/02/20 Homepage : http://www.dreport.org, Send comments about this segment to: [email protected] Discussion Topics: What is qualified Immunity? How does qualified immunity relate to the national mass movements for police accountability? The modern era of police misconducted litigation starts in the 1960’s with the Warren Court. What is the Federal Civil right act of 1871? Why is section 1983 of 1871 Civil right act important? What is an unreasonable seizure under the 4th amendment? How did the good faith defense under common law turn into qualified immunity? If the officer did not know that her/ his actions violated a prior existing law, then does qualified immunity apply? Is qualified immunity judge-made? Is an unreasonable arrest, a violation of the 4th amendment? Does qualified immunity undercut congressional policy and the intent of section 1983 of Civil rights Act of 1871? How do you overcome qualified immunity? If the police officers did not know that their actions apply to a violation of a specific law, then qualified immunity averts a trial? How does qualified immunity deprive plaintiffs from their 7th amendment right, a right to jury trial? How did video change the perception of police actions of abuse? How did cases of police misconduct change after the 1992 Rodney King case? What is the relationship of police militarization and the current issue of police abuse? What is the role of police in a capitalist society? Is qualified immunity intended to protect the personal assets of police officers as individuals? If an officer violates the constitution, then the agency of the officer is responsible for the damages? Can police officers be held to the same legal standard as drivers and doctors? How does qualified immunity maintain class relationships intact? Why does the repeated practice of relying on prior cases of constitutional violations to prove as standards, results in a deterioration potential clear standard to serve as objective tests? Qualified Immunity takes the decisions of a trial from the jury and gives it to the judges? What are current supreme court cases dealing with qualified immunity? Congress has the power to end qualified immunity.