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[return to "As Qualified Immunity Takes Center Stage, More Delay from SCOTUS"]
1. wjnc+dk[view] [source] 2020-06-01 17:29:48
>>mnm1+(OP)
If someone could explain this to me, please do. The wiki [1] on qualified immunity talks about civil action. So US officials (cops among those) are mostly shielded from civil action for their misdeeds and to even a greater degree than the former test that asked whether they legitimately believed they were following the law And acted in good faith. (Which is already a stretch since I don't quite follow how ones understanding of the laws enters the question of having followed it.) So no civil action then.

But isn't the larger differentiator from most other first world countries the way officials are treated regarding the criminal code? I am expecting most countries to have a quite independent prosecuting office that prosecutes both officials and laymen, hopefully to the same degree? (The exception I expect is the military?)

In my locality one of the things I like 'best' is an article in our criminal law that lets a victim ask a judge to reconsider the decision of the prosecution not to press charges. It's one of the final balances in our criminal law.

[1] https://en.m.wikipedia.org/wiki/Qualified_immunity

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2. jmwils+5r[view] [source] 2020-06-01 18:00:56
>>wjnc+dk
The Federal criminal law analogue of 42 USC 1983 is 18 USC 242 ("deprivation of rights under color of law"). It probably doesn't surprise anyone to hear that referrals to prosecute under 242 have steadily declined over the years, regardless of the party of the administration.
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