New Mexico is the second state to ban qualified immunity

#1

Post by williamsharris » Thu, Apr 08, 2021, 4:52 AM UTC

New Mexico is the second state to ban qualified immunity
innocenceproject.org

Re: New Mexico is the second state to ban qualified immunity

#2

Post by DaiPlusPlus » Thu, Apr 08, 2021, 5:13 AM UTC

I thought that because QI was defended by the SCOTUS, that even if a state doesn't have QI at all, a police officer or department sued for malpractice could still appeal to the SCOTUS and then eventually win?

Re: New Mexico is the second state to ban qualified immunity

#3

Post by CA0DA » Thu, Apr 08, 2021, 5:15 AM UTC

> recover damages from the government when their constitutional rights are violated

Great, so I'm paying for the sins of crappy cops via my taxes. Do I have an ability to influence my city or state to not hire unethical cops? (serious question)

Re: New Mexico is the second state to ban qualified immunity

#4

Post by noodlesUK » Thu, Apr 08, 2021, 5:16 AM UTC

What (if at all) does this mean about the immunity of federal officials working in New Mexico? Do the same rules apply, or is there still QI for them as they’re not state officials?

Re: New Mexico is the second state to ban qualified immunity

#5

Post by SavantIdiot » Thu, Apr 08, 2021, 5:19 AM UTC

DaiPlusPlus wrote: post #2

I thought that because QI was defended by the SCOTUS, that even if a state doesn't have QI at all, a police officer or department sued for malpractice could still appeal to the SCOTUS and then eventually win?

We'll see. Part of the Catch-22 of QI is that if it hasn't gone to trial it doesn't exist, so it doesn't go to trial. Let's see if this WinAmp's Box can be bashed open.

Re: New Mexico is the second state to ban qualified immunity

#6

Post by [deleted] » Thu, Apr 08, 2021, 5:20 AM UTC

[deleted]

Re: New Mexico is the second state to ban qualified immunity

#7

Post by GoOnThenDoTell » Thu, Apr 08, 2021, 5:23 AM UTC

CA0DA wrote: post #3

> recover damages from the government when their constitutional rights are violated Great, so I'm paying for the sins of crappy cops via my taxes. Do I have an ability to influence my city or state to not hire unethical cops? (serious question)

Yes. Talk to your local representatives

Re: New Mexico is the second state to ban qualified immunity

#8

Post by kyrra » Thu, Apr 08, 2021, 5:23 AM UTC

DaiPlusPlus wrote: post #2

I thought that because QI was defended by the SCOTUS, that even if a state doesn't have QI at all, a police officer or department sued for malpractice could still appeal to the SCOTUS and then eventually win?

Lower courts would likely have to follow the SCOTUS ruling on it, but it could be argued up to the supreme court to overturn their own creation.

This is the problem with creating new rules out of whole-cloth from the bench.

Re: New Mexico is the second state to ban qualified immunity

#9

Post by adrenalinelol » Thu, Apr 08, 2021, 5:24 AM UTC

noodlesUK wrote: post #4

What (if at all) does this mean about the immunity of federal officials working in New Mexico? Do the same rules apply, or is there still QI for them as they’re not state officials?

IANAL but I'd assume this doesn't apply to them.

Re: New Mexico is the second state to ban qualified immunity

#10

Post by VWWHFSfQ » Thu, Apr 08, 2021, 5:24 AM UTC

I don't know why anyone would want to be a police officer. There's no upside.

Aside from the genuine affection they get from the people they help here and there.

Given the nature of their job, it seems like there would be too much personal risk to get involved in any kind of physical altercation with the public. Because if you get in a fight, I mean a real fight, you better be ready to fight-to-win. Because there's a good chance that the meth'd out junkie you're fighting doesn't even know what planet he's on, let alone what are the consequences of pulling your gun off your hip and shooting you with it.