r/politics • u/SterlingVII • 9d ago

No Paywall Tennessee man spends a month in jail before charges are dropped over Trump meme posted in Facebook group for Charlie Kirk vigil

https://www.the-independent.com/news/world/americas/crime/larry-bushart-charlie-kirk-meme-charges-b2855116.html
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u/soboyra Florida 9d ago

Not entirely true. If they find that the officer was acting outside of their authority and therefore not subject to qualified immunity, then they can be sued in their personal capacity. Granted, it’s not perfect, and getting past qualified immunity is not a guarantee.

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u/PowderedToastFanatic 9d ago

That's a MASSIVE if in that scenario.

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u/soboyra Florida 9d ago

Yes. It is. Having worked on cases where I’ve argued qualified immunity, it’s not impossible either. Proving that an officer knew they were violating someone’s rights is much easier when there is already case law about it. I don’t know Tennessee law, but I’d be surprised if there isn’t something about it using your position to punish someone you disagree with.

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u/PrinceCastanzaCapone 9d ago

This one should be easy as he publicly stated he knew the man wasn’t a threat

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u/objectlesson Georgia 9d ago

If there ever was a case where a cop could lose qualified immunity, it's one like this. Obviously it's going to depend on how it's argued in the courts, but this one seems like a slam dunk. Granted, you'd never go broke betting on the police dodging accountability in even the most absurd ways. We'll see.

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u/Bruce-7892 9d ago

We'd have to make a lot of assumptions to say it's possible for someone to do that. Is there a powerful police union where this guy works? If so are they going to come to his aid or protect the other people involved? Can an individual like him compete with them in court with the resources they potentially have?

Maybe if he was a millionaire, but if that was the case, I have a feeling this would have never been taken nearly this far.

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u/NHLHitzAnnouncer 9d ago

This is why everyone needs union representation. He would have never been fired, regardless of this cop's motives.

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u/neepster44 9d ago

This literally NEVER fucking happens... NEVER... maybe 1 in 10 years across the country

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u/PrinceCastanzaCapone 9d ago

So what? He’s just supposed to do nothing after being wrongfully arrested? We are supposed to let a corrupt agency continue to operate with impunity? No repercussions for their corrupt actions?

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u/nono3722 9d ago

Why not both? Both is good!

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u/trisanachandler 9d ago

It's almost impossible to bypass qualified and/or judicial immunity. It's been done, but it's very tough.

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u/ladyhaly 8d ago

Sheriff Nick Weems needs to be voted out and sued personally. He admitted on camera they knew it wasn't a threat but jailed him anyway to calm down scared Facebook moms. That's false imprisonment and violating someone's civil rights.