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[return to "As Qualified Immunity Takes Center Stage, More Delay from SCOTUS"]
1. comman+9m[view] [source] 2020-06-01 17:39:51
>>mnm1+(OP)
I'm curious - it's obvious what abuses of qualified immunity are driving this, but the law must have been originally put in place for a reason. Are there any examples where a police officer was shielded from prosecution for something that, if you or I did it would definitely be a crime, but that a reasonable person would say, "yes, this is a good application of qualified immunity"?
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2. ebg13+Xy[view] [source] 2020-06-01 18:40:34
>>comman+9m
The application of qualified immunity clearly stems from the principle that sometimes one causes accidental harm when doing the right thing. It's most reasonably stated as an extension of good samaritan laws. The problem isn't the principle itself but rather how and when it gets applied.

> Are there any examples

Your house catches fire, you're unconscious from smoke inhalation, and your daughter is trapped in her bedroom by the blaze. Emergency responders decide to enter your home to rescue you and your daughter. On the way in, one of them breaks something very important to you. Can you sue for damages? Can you sue for trespassing? Did they "break and enter" your home?

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