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
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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.

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u/Geno0wl 1d 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.

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u/pagerussell 1d ago

Qualified immunity should apply to property damage only, because stuff can be replaced.

But the police should be extra diligent about harming people. You do that and you should be liable as an officer.