cross-posted from: https://kbin.social/m/goodnews/t/852
Qualified immunity is a legal principle that has made it very difficult for people to be able to hold police (and other govt officials) accountable even in the most obvious cases of misconduct.
This ruling is fairly specific, it allows police to be sued for misconduct stemming from their conduct during investigations.
Even then, this is still a major win for Californians against police misconduct.
Archived link: https://web.archive.org/web/20230623023342/https://www.sfchronicle.com/politics/article/california-police-lawsuits-18166411.php
and when they appeal to the supreme court of the u.s.? fully expect those cops to have their immunity upheld
Nice! This is one of several pieces of good political news I’ve heard from California. I noticed recently that you guys have an equivalent of the GDPR as well. Is the Democrat majority over there actually half proactive? (I’m a US politics noob)
Fucking finally
Yeah, but USSC is going to shit all over the ruling on appeal. We need legislation to abolish qualified immunity.
Nice about time
This is such a good precedent to set in dismantling the infrastructure that shields “just a few bad cops”. Glad to read this.
It’s an interesting case.
California has a law on the books that grants immunity to government officials while performing certain tasks. One of those is during “prosecution” of a crime. The intent in immunizing those prosecuting a crime is to protect the attorneys and investigators associated with the prosecution effort from civil suits meant to intimidate or hamper that prosecution. It even goes as far as immunizing state actors even if they are engaged in “malicious prosecution”, weighing the net gain against the obvious downside.
State appeals courts have, since the mid-60s, interpreted that statute to include the “investigation” officers do at the scene, or before charging an individual, creating an “investigational immunity.” That’s what the CA State Supreme Court struck down here. The prosecutorial immunity remains, but applies only to those specifically noted in the laws, as written.
I look forward to seeing Justice Alito tell us why a hedge witch from the 1300s in Scotland while investigating poisonous berries and how her pact with the underworld has granted her an immunity is applicable to California State law.
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