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mandevil 2 hours ago

Not the legislature: the Supreme Court. Qualified Immunity was created out of whole cloth by the Supreme Court back in the 1960's when a police officer arrested- and then a judge convicted- a group of black and white Episcopal priests for "making a disturbance of the peace"- that is, having black and white people out in public together as equals. This was Pierson v. Ray, decided by the Supreme Court in 1967.

The current implementation of it- where you need to have "clearly establish" a Constitutional right with a prior case in this region- is based on Pearson v. Callahan from 2009, and it takes a terrible Supreme Court precedent and makes it even worse. This has created the patchwork "no case in the circuit has clearly established that a police officer must not make a warrantless search on a Tuesday in May" sort of quibbling.

The work of legislatures has been to roll back qualified immunity. Colorado, New Mexico, and California have removed qualified immunity for their law enforcement officers at the state level. LEO's can still claim qualified immunity for suits under federal law, but they cannot for some suits brought under state law or the state constitution in those states.

The Supreme Court has also, at the same time they've made it harder to hold police to account, made it harder to hold politicians to account, gutting bribery laws and expanding "free speech" to include paying politicians. And the recent idea that a President can't be prosecuted for any "official acts" is also nonsense created by the Supreme Court. This isn't Congress fault, there were laws that prevented it. The Supreme Court just decided that they didn't want to enforce those laws.

The Supreme Court at the root of a lot of the dysfunction in American politics, and somehow still has more respect than they deserve.

sidewndr46 41 minutes ago | parent | next [-]

Isn't it way more narrow than what you're saying? For New Mexico's cases it only applies to civil rights violations. If the police officer just for example kills someone in the line of duty, he still has qualified immunity

throwworhtthrow an hour ago | parent | prev [-]

What's your source for:

> California [has] removed qualified immunity for their law enforcement officers at the state level.

According to https://en.wikipedia.org/wiki/Qualified_immunity#State_law, it's Connecticut, not California, as the third state which limited qualified immunity.

mandevil an hour ago | parent [-]

California SB 2, signed by Gavin Newsome in 2021, removed Qualified Immunity as a defense for all lawsuits brought under the Tom Bane Civil Rights Act.

I'm not a lawyer, and I have never lived in California so I don't know how much that covers. The QI removal I knew best was Colorado (CO's law also made individual LEO's have to pay with their own money, up to certain limits), and was doing some googling which listed California and New Mexico.