• octopus_ink@slrpnk.netOP
    link
    fedilink
    English
    arrow-up
    1
    ·
    5 hours ago

    I’m not a defender of the concept of Qualified Immunity, my point is that it’s not an absolute shield. Even if it successfully shielded them from 100% of civil rights cases (which it objectively has not) it provides no protection from criminal charges.

    I won’t argue against the idea that it covers them far more than can be rationally defended, I’m just saying it’s not an absolute shield, and (in my opinion) there is every reason to imagine that the specific group we are discussing here will routinely violate the rights of the people they detain in such an egregious fashion as to satisfy even that narrow range of criteria in a higher than you might expect number of civil cases once this is all said and done.

    • lmmarsano@lemmynsfw.com
      link
      fedilink
      English
      arrow-up
      2
      ·
      4 hours ago

      Even if it successfully shielded them from 100% of civil rights cases (which it objectively has not)

      Objectively, the planets sometimes align, too: the odds are highly against it.

      it provides no protection from criminal charges

      Also exceedingly rare: we’ve only seen any decent prosecution recently. It’s likely to fail.

      While that fight should continue, society has more mundane tools to ostracize & make people’s lives hell.

      • octopus_ink@slrpnk.netOP
        link
        fedilink
        English
        arrow-up
        1
        ·
        3 hours ago

        While that fight should continue, society has more mundane tools to ostracize & make people’s lives hell.