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[parent] [thread] 5 comments
1. jeffda+(OP)[view] [source] 2020-06-01 18:46:45
I feel like we are conflating a civil issue (qualified immunity) with criminal issues like murder.
replies(1): >>lliama+v1
2. lliama+v1[view] [source] 2020-06-01 18:54:34
>>jeffda+(OP)
I would say that the moral hazard introduced by qualified immunity increases the likelihood that criminal violations will also occur.

Weeding out the officers that would commit infractions that result in civil suits will probably also weed out those that would actual commit a more serious crime.

replies(1): >>gowld+R2
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3. gowld+R2[view] [source] [discussion] 2020-06-01 19:01:51
>>lliama+v1
Hmm? The civil suits are for filed for serious crimes.
replies(3): >>ncalla+L3 >>lliama+25 >>hedora+Pe
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4. ncalla+L3[view] [source] [discussion] 2020-06-01 19:06:42
>>gowld+R2
What they are saying is officer's that kill someone often have a pattern of bad (and sometimes escalating) behavior.

If one of the 18 use of force complaints against Chauvin had also resulted in a civil lawsuit that found Chauvin liable, he might have been removed from the force earlier.

That's one theory at least—I think it's a reasonable one.

I don't think removing QI from police officers should be the end-state of reform, but I think it's a necessary step and a good one.

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5. lliama+25[view] [source] [discussion] 2020-06-01 19:13:36
>>gowld+R2
I was supposing that civil suits might be filed for actions that would not otherwise be prosecuted under criminal proceedings. If it is easier to hold the police accountable in these small issues, then it may not be as necessary for larger issues.

But you are right that civil suits can also be filed for serious crimes.

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6. hedora+Pe[view] [source] [discussion] 2020-06-01 20:04:27
>>gowld+R2
Right, but there probably won’t be any criminal charges if a police officer:

- steals $200K from you - has their attack dog bite you you while your calmly sitting down and handcuffed - serve a warrant for someone they already have in custody by breaking down your door in plainclothes without announcing themselves and then shoot your girlfriend eight times.

(These are all real cases from this year, where the courts rules there was not grounds to sue because of qualified immunity)

Now, you can at least sue them for such actions. I suspect the damages will be paid for by an insurance policy taxpayers paid for. Still, it is better than the current situation. At least such officers will be a financial liability for their departments.

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