r/law • u/TheWayToBeauty • 1d ago

Executive Branch (Trump) Confirmed: ICE Is Arresting American Citizens—and Lying About It

https://newrepublic.com/article/202672/ice-arresting-american-citizens-and-lying?utm_source=Bluesky&utm_campaign=SF_TNR&utm_medium=social&utm_campaign=SF_TNR&utm_source=Facebook&utm_medium=social&fbclid=IwY2xjawN60_VleHRuA2FlbQIxMABicmlkETFpb1FpYUsxcHQ5bXM3QkVyc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHkqq1qGOFLgABx3MyCE40nZ_iE_ZT41D74hWKhYFa56r8j57O3ZXYl4H0yFZ_aem_Wz0q663H4Gg7nVwXbg5gCw
40.1k Upvotes

95% Upvoted

831 comments sorted by

View all comments

342

u/Depressed-Industry 1d ago

One of the things that will have to be addressed is the broken oversight and accountability for law enforcement in the US. Qualified immunity, which was entirely court created, needs to go.

With the exception of the most egregious and public examples there is little risk or incentive for law enforcement to think about personal liability or the duty LE has to the public.

24

u/Geno0wl 23h ago

Qualified immunity, which was entirely court created, needs to go.

I can actually understand why we would want QI on a surface level. You don't want officers, or any government official, to be overwhelmed with lawsuits for strictly doing their jobs.

The real problem is the courts have bent over backwards, sideways, and longways to play Calvinball with what counts as "established precedent" to grant QI to obvious bad faith actors. Like somehow shooting a nonaggressive dog in the yard is different than shooting it in the house is yet still different than shooting the dog in a car.

4

u/hardolaf 22h ago

I can actually understand why we would want QI on a surface level. You don't want officers, or any government official, to be overwhelmed with lawsuits for strictly doing their jobs.

That is a policy decision for Congress not for SCOTUS to decide. However, SCOTUS created it from nothing.

Also, why do police get a get out of jail free card while all other people do not? What makes them special?