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[return to "Police act like laws don't apply to them because of Qualified Immunity"]
1. hedora+Y4[view] [source] 2020-05-31 22:49:18
>>lpolov+(OP)
Call your representatives. Demand qualified immunity (and civil forfeiture) be eliminated.
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2. PaulDa+b8[view] [source] 2020-05-31 23:10:41
>>hedora+Y4
It cannot be eliminated by legislation. It arises from a SCOTUS decision, and can only be undone by them (at least in the broadest sense).
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3. cataph+Hb[view] [source] 2020-05-31 23:36:51
>>PaulDa+b8
This is not true. Only their interpretation of the Constitution cannot be overridden by legislation (requires a constitutional amendment). Here, where the Court is interpreting a federal statue, namely 42 U.S.C. § 1983, Congress could in fact change the law to make it clear that the qualified immunity defense the Court made up does not apply.
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4. PaulDa+Zm1[view] [source] 2020-06-01 14:08:52
>>cataph+Hb
Rep. Justin Amash, at least, appears to agree with you (and has proposed an act to make it clear that QI is not a defense). So for now, pending further SCOTUS decisions, I concede that I'm wrong, and that it would be possible to change this via legislation. I apologize for any confusion.
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