Close X

Rhode Island Bar Journal Article

Federal Judge Issues Scathing Indictment of "Qualified Immunity"

Posted by Keith G. Langer | Aug 12, 2020 | 0 Comments

The Federal Judge began his decision by noting a litany of cases in which simple citizens were killed by police, all exonerated under "qualified immunity:"

"Clarence Jamison wasn't jaywalking.

He wasn't outside playing with a toy gun.

He didn't look like a "suspicious person."

He wasn't suspected of "selling loose, untaxed cigarettes."

He wasn't suspected of passing a counterfeit $20 bill.

He didn't look like anyone suspected of a crime.

He wasn't mentally ill and in need of help.

He wasn't assisting an autistic patient who had wandered away from a group home.

He wasn't walking home from an after-school job.

He wasn't walking back from a restaurant.

He wasn't hanging out on a college campus.

He wasn't standing outside of his apartment.

He wasn't inside his apartment eating ice cream.

He wasn't sleeping in his bed.

He wasn't sleeping in his car.

He didn't make an "improper lane change."

He didn't have a broken tail light.

He wasn't driving over the speed limit.

He wasn't driving under the speed limit.

No, Clarence Jamison was a Black man driving a Mercedes convertible.

As he made his way home to South Carolina from a vacation in Arizona, Jamison was pulled over and subjected to one hundred and ten minutes of an armed police officer badgering him, pressuring him, lying to him, and then searching his car top-to-bottom for drugs.

Nothing was found. Jamison isn't a drug courier. He's a welder.

Unsatisfied, the officer then brought out a canine to sniff the car. The dog found nothing. So nearly two hours after it started, the officer left Jamison by the side of the road to put his car back together.

Thankfully, Jamison left the stop with his life. Too many others have not.

The Constitution says everyone is entitled to equal protection of the law -- even at the hands of law enforcement. Over the decades, however, judges have invented a legal doctrine to protect law enforcement officers from having to face any consequences for wrongdoing. The doctrine is called 'qualified immunity.' In real life it operates like absolute immunity."

The judge's logic is hard to refute. Let us see if the Supreme Court remedies the plague of abuses its fabrication of "qualified immunity" created.

https://www.todaysgeneralcounsel.com/federal-judge-lambasts-qualified-immunity-then-allows-it-for-a-cop/

About the Author

Keith G. Langer

Keith G. Langer, Attorney at Law SERVING NORFOLK COUNTY, MA, AND SURROUNDING AREAS Solo practitioner concentrating in civil litigation, collections, family law and administrative law, particularly firearms licensing.Professional Qualifications: One of the longest-serving member of the Firear...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Your Time May Be Limited!

If you are a defendant in a civil suit, you have a specific period of time in which to file an answer. Failure to do so can result in a default judgment being issued against you. Failure to timely submit responses to discovery requests can also negatively affect your case. Those named as defendants in criminal cases via clerk magistrate or “show cause” hearings must appear, or the complaint will issue against them. Those seeking to appeal a negative action, such as a firearms license denial or revocation, denial of a permit, or losing a case at trial, all have specific time periods in which to act. Do not lose your rights by inertia or delay.

Act Now!

The law is an area in which inertia can have very negative consequences: The loss of rights and remedies. It is unlikely that your problem will just “go away” - act now to protect yourself and preserve your options.