Friday , July 10 2020
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Ugly America: I am Appalled by What’s Happening

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JB McMunn2 hrsThe 600 pound gorilla that no one's talking about is "qualified immunity". For those unfamiliar with this doctrine, here is a snippet from theappeal.org: "The Supreme Court invented qualified immunity in 1967, describing it as a modest exception for public officials who had acted in “good faith” and believed that their conduct was authorized by law. Fifteen years later, in Harlow v. Fitzgerald, the Court drastically expanded the defense. The protection afforded to public officials would no longer turn on whether the official acted in “good faith.” Instead, even officials who violate peoples’ rights maliciously will be immune unless the victim can show that his or her right was “clearly established.” Since the Harlow decision, the Court has made it exceedingly difficult for

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JB McMunn

The 600 pound gorilla that no one's talking about is "qualified immunity". For those unfamiliar with this doctrine, here is a snippet from theappeal.org:

"The Supreme Court invented qualified immunity in 1967, describing it as a modest exception for public officials who had acted in “good faith” and believed that their conduct was authorized by law. Fifteen years later, in Harlow v. Fitzgerald, the Court drastically expanded the defense. The protection afforded to public officials would no longer turn on whether the official acted in “good faith.” Instead, even officials who violate peoples’ rights maliciously will be immune unless the victim can show that his or her right was “clearly established.” Since the Harlow decision, the Court has made it exceedingly difficult for victims to satisfy this standard. To show that the law is “clearly established,” the Court has said, a victim must point to a previously decided case that involves the same “specific context” and “particular conduct.” Unless the victim can point to a judicial decision that happened to involve the same context and conduct, the officer will be shielded from liability."

Last year I - a 67 year old White physician with no priors - was incarcerated overnight after police filed a false report. It cost me $15,000 to get the charges dropped. Even though body cam video clearly showed they lied on my arrest report my attorney said the qualified immunity doctrine would protect them.

The qualified immunity doctrine is a get out of jail free card for the cops. It gives them a sense of being not only above the law, but BEING the law.

Secondly, many police are former military. Military training is very different from civilian law enforcement training. It's more oriented toward lethal force.

Third, most of us don't have a dog in this fight. We have neighbors, friends, relatives, and co-workers of a variety of races, colors, and creeds. Most of us just want to be left alone to live our lives.

No matter what color the victim was, we are all reminded that once the cops think you're guilty, you're screwed, and you will be treated like dirt. As mentioned above, I was incarcerated. I was the oldest inmate and one of two White detainees. I was treated better by the Blacks and Hispanics than by the a-hole cops.

Time to pull their feet to the fire and show the cops actions have consequences. Kill qualified immunity and let the lawsuits roll in. Politicians may not respect rights but they respect liability for lawsuits.

Mike Shedlock
Mike Shedlock (Mish) is a registered investment advisor representative for SitkaPacific Capital Management (http://www.sitkapacific.com/). Sitka Pacific is an asset management firm whose goal is strong performance and low volatility, regardless of market direction.

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