zlacker

[parent] [thread] 14 comments
1. throwa+(OP)[view] [source] 2020-05-29 14:44:04
These seem like flagrant violations of constitutional rights; I would be interested to hear from a lawyer what kind of legal liability the police (as a department and as individual bad-apple officers) are opening themselves up to by behaving this way. Hopefully justice is served and constitutional rights are protected.
replies(2): >>_bxg1+O2 >>aljg+F8
2. _bxg1+O2[view] [source] 2020-05-29 14:56:49
>>throwa+(OP)
It's become clear time and again that they never open themselves up to actual liability. But it would be interesting to hear how wide the gap is between law and reality in this case.
replies(1): >>throwa+85
◧◩
3. throwa+85[view] [source] [discussion] 2020-05-29 15:07:11
>>_bxg1+O2
> It's become clear time and again that they never open themselves up to actual liability.

I understand that the criminal justice system is very often lenient on police officers, and I'm strongly in favor of increased police accountability; however, there are still many cases of police officers going to prison and departments/municipalities being sued for police misconduct, so to say that there is no actual liability is hyperbole.

replies(1): >>_bxg1+k6
◧◩◪
4. _bxg1+k6[view] [source] [discussion] 2020-05-29 15:13:08
>>throwa+85
We've seen multiple murders by police happen on camera in the past couple years, with little to no action taken. The present one is the first case I know of where anyone from inside the government actually called for an investigation, and it was probably because they were afraid of the very riot situation we now find ourselves in.

When they can kill someone who isn't a threat, on camera, and face no consequences, why would we expect them to face consequences for something like a frivolous arrest?

replies(2): >>throwa+u9 >>kaitai+Un
5. aljg+F8[view] [source] 2020-05-29 15:22:43
>>throwa+(OP)
I don't believe they are opening themselves up to any legal liability. See [1] and links for a disturbing list of recent examples of police receiving qualified immunity. One example from the article:

> On May 18, the court turned away three of these appeals, including a jaw-dropping case in which police were granted qualified immunity after literally stealing $225,000. (There is no clearly established right not to be robbed by cops, the court held.)

[1] https://slate.com/news-and-politics/2020/05/george-floyd-sup...

replies(1): >>throwa+vc
◧◩◪◨
6. throwa+u9[view] [source] [discussion] 2020-05-29 15:25:47
>>_bxg1+k6
> We've seen multiple murders by police happen on camera in the past couple years, with little to no action taken.

I don't doubt this, but I don't see how you get from there to "there is no liability at all".

> The present one is the first case I know of where anyone from inside the government actually called for an investigation, and it was probably because they were afraid of the very riot situation we now find ourselves in.

I'm not sure what you mean by "anyone from inside the government is called for an investigation"; do you mean you don't think police officers in these situations are never or rarely investigated, charged, etc? Or are you speaking about some other government official (and if so, I don't know what you're talking about specifically or how it relates to this broader conversation about liability).

> When they can kill someone who isn't a threat, on camera, and face no consequences, why would we expect them to face consequences for something like a frivolous arrest?

Your premise is wrong. A quick Google search turned up this collection of police department settlements[0] and this collection of police officers[1] charged in recent, high-profile killings.

Note that there is a middle ground between "there is no accountability" and "the system is working just fine"--we absolutely should increase police accountability, but "there is no liability/accountability" isn't accurate or helpful.

[0]: https://www.themarshallproject.org/records/1712-police-settl...

[1]: https://abcnews.go.com/US/wireStory/cases-police-officers-ch...

replies(1): >>corrys+291
◧◩
7. throwa+vc[view] [source] [discussion] 2020-05-29 15:38:43
>>aljg+F8
There's not enough liability, perhaps, but there's certainly some. Here[0] is a list of police department settlements and another[1] of individual police officers being tried and/or convicted for recent high-profile killings. Note that media coverage is inherently sensational and therefore not reflective of reality--just because the media gives much more attention to killings than to the legal repercussions doesn't mean that the latter doesn't exist.

In this particular instance, surely CNN has a strong case against the Minneapolis police department?

[0]: https://www.themarshallproject.org/records/1712-police-settl...

[1]: https://abcnews.go.com/US/wireStory/cases-police-officers-ch...

replies(2): >>aljg+Hi >>ric2b+GX
◧◩◪
8. aljg+Hi[view] [source] [discussion] 2020-05-29 16:03:24
>>throwa+vc
Good point, I retract my blanket statement of "no legal liability." I should have said that they are not criminally liable.

Your link [1] shows how rarely police officers are found criminally liable for murder even in the most egregious of circumstances (only the most egregious ones are prosecuted at all and even most of those result in acquittals).

On the other hand you are right that link [0] shows that it is much more common that the police are found to have civil liability. Not personally, of course, the payments will come out of liability insurance (and, therefore, taxpayer coffers).

replies(1): >>throwa+vp
◧◩◪◨
9. kaitai+Un[view] [source] [discussion] 2020-05-29 16:22:08
>>_bxg1+k6
People inside the gov't here are calling for an investigation because we actually think, in Minnesota, that we're "better than this". White people in Minnesota (and I am one) truly do think that we have less racism & we're better than folks in Ohio, California, Tennessee, Florida, NY. That's why if you look at videos of the protests here, so many white Minnesotans have showed up.

Now, if we'd looked at the statistics (homeownership gap, achievement gap in education) or listened to black Minnesotans, we'd know that we're not better than anyone else in the US. But there is at least a desire. We really do have folks in leadership who want to be/do better, even if we're failing at it.

◧◩◪◨
10. throwa+vp[view] [source] [discussion] 2020-05-29 16:28:55
>>aljg+Hi
I agree. There needs to be more accountability for police.

> Not personally, of course, the payments will come out of liability insurance (and, therefore, taxpayer coffers).

I think this might actually be eminently desirable that the taxpayer is on the hook. We shoulder a lot of responsibility for our police (not the actions of any given officer, but the system that either fails to weed out 'bad apple' officers or fails to adequately train them or whatever other systemic failure is responsible) and it's right that we shoulder the cost for our lack of will to enact police reform or take it seriously. Of course, I don't think the liability--criminal or civil--is adequate in magnitude, and I would like to see more of both.

replies(1): >>ric2b+2Y
◧◩◪
11. ric2b+GX[view] [source] [discussion] 2020-05-29 19:03:33
>>throwa+vc
Those settlements are usually paid by the taxpayer, not the officers.
◧◩◪◨⬒
12. ric2b+2Y[view] [source] [discussion] 2020-05-29 19:05:22
>>throwa+vp
Your argument for the taxpayer being on the hook is that it gives us an incentive to do police reform?

Just put the officers on the hook instead, reform done.

Doctors are on the hook for medical malpractice, works quite well and we still have doctors.

replies(1): >>throwa+J41
◧◩◪◨⬒⬓
13. throwa+J41[view] [source] [discussion] 2020-05-29 19:43:11
>>ric2b+2Y
How do you suppose you increase accountability for police officers (or any other police reform) without public support? And how does increasing accountability give police officers the special skills that they increasingly need, for example, to for interacting with mentally unwell members of the community? "Figure out how to be a mental health professional or face jail time"? To use your "doctors" analogy, we also have a system that adequately trains doctors and filters out the unfit.
◧◩◪◨⬒
14. corrys+291[view] [source] [discussion] 2020-05-29 20:07:23
>>throwa+u9
> Your premise is wrong.

You are both right. However, in the article [1] a large number of police officers were either acquitted, are awaiting sentencing, or were not punished, what the general population would consider, fairly.

When we hear about police departments agreeing to settle - that does not give us, as a society, a closure. Individual police officers have committed crimes, but now the tax payers are paying for that? That's not accountability.

replies(1): >>throwa+Pp1
◧◩◪◨⬒⬓
15. throwa+Pp1[view] [source] [discussion] 2020-05-29 21:44:15
>>corrys+291
I generally agree with the above, but you're framing this as a disagreement which makes me think you misunderstood the context of the thread.

My position is that there is some accountability but it's not sufficient for any reasonable standard of justice.

[go to top]