Qualified immunity specifically does not apply in cases where someone’s clearly established civil rights were violated, though the criteria for that is specific. Further, it applies only to civil cases, not criminal cases. It may certainly help them in some instances, but it’s not going to be a blanket shield.
1 Was a constitutional right violated?
2 Was the right clearly established at the time of the alleged violation?
Under this doctrine, government agents—including but not limited to police officers—can never be sued for violating someone’s civil rights, unless they violated “clearly established law.” While this is an amorphous, malleable standard, it generally requires civil rights plaintiffs to show not just a clear legal rule, but a prior case with functionally identical facts.
In other words, it is entirely possible—and quite common—for courts to hold that government agents did violate someone’s rights, but that the victim has no legal remedy, simply because that precise sort of misconduct had not occurred in past cases.
While yes, IANAL, I’m exceptionally doubtful that clearly established constitutional rights aren’t being violated by the behaviors of ICE under Trump, in many, many circumstances.
I’m exceptionally doubtful that clearly established constitutional rights aren’t being violated by the behaviors of ICE under Trump,
Given that what’s happening is absolutely unprecedented, I’m pretty sure that there aren’t any specific court cases dealing with that kind of shit that’s going on right now. Do I WANT all ICE agent to have severe legal consequences for this, if we ever have an election again? Absolutely. But fuck it, I’ll settle for some extrajudicial rendition to the Mariana Trench.
Qualified immunity specifically does not apply in cases where someone’s clearly established civil rights were violated, though the criteria for that is specific. Further, it applies only to civil cases, not criminal cases. It may certainly help them in some instances, but it’s not going to be a blanket shield.
https://www.justia.com/civil-rights/government-violations-of-civil-rights/qualified-immunity/
https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-21/issue-1/qualified-immunity/
While yes, IANAL, I’m exceptionally doubtful that clearly established constitutional rights aren’t being violated by the behaviors of ICE under Trump, in many, many circumstances.
Given that what’s happening is absolutely unprecedented, I’m pretty sure that there aren’t any specific court cases dealing with that kind of shit that’s going on right now. Do I WANT all ICE agent to have severe legal consequences for this, if we ever have an election again? Absolutely. But fuck it, I’ll settle for some extrajudicial rendition to the Mariana Trench.
The ocean is filthy enough as it is without tossing more trash into it.
Send them to the sun.
To the sun is freaking expensive. At the sun is much more efficient and achieves the same end result, if slightly messier.
Parabolas are beautiful, don’t @ me.
In this case, it really doesn’t matter if you miss so long as it doesn’t come back around.