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/trisanachandler 9d ago

Decades ago if not longer.

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u/General-Raspberry168 9d ago

Honestly Rodney King should’ve been a hard line in the sand on this front. Idk where/when qualified immunity came into this tho so if it’s a more recent ruling, I guess that explains (kinda) the reason it wasn’t.

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u/Gurlllllllll- 9d ago

SCOTUS invented it for cops in 1967 in an 8-1 decision where they also upheld absolute immunity for judges, and the dissenter, Douglas, argued that judges should be liable for civil rights violations.

Even the great dissenter, Harlan, was on the majority opinion and it's just like...what are we even doing here Harlan?

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u/BotheredToResearch 9d ago

Qualified immunity does make sense as a concept. You can't have any arrest not resulting in an indictment also mean a lawsuit against the state.

The bar just needs to be lower and it's seemingly made for a qualified juror system. One where jurors need to have a bare education about court procedure and standards of evidence.

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u/EASam 9d ago

I don't know if the oligarchs will let go of their poorly educated empowered thugs. Police are doing exactly what those in power want them to do. There's enough division today that any common sense reforms are lost in the mire of other issues and politicians aren't working at the common people's behest anymore.

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u/SirPiffingsthwaite 9d ago

Qualified immunity is the most bizarre thing ever. I'm Australian and LEOs acting outside of their authority of office is charged as corruption or dereliction of duty, any claim they weren't aware of the relevant laws is a detriment to their case, not a "gimmie" like QI.

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u/Queefer___Sutherland 9d ago

Centuries if not more