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Mass Shooting at San Antonio Elementary School
So, we keep learning so much more about this event, and the more I hear the more I am realizing that there will be no civil actions taken against the chief or other officers whose inactions caused the delay of the end of the event by nearly an hour more than it should have been. Because precedence exists that there is no obligation to protect the population for the police, there is no established right that was violated. Because of that, qualified immunity will prevent any of the officers from being held individually responsible for their actions. The city may suffer, but not the officers.

Now, qualified immunity is something the court made up, really. It was 100% legislation from the bench, or judicial activism, whatever you want to call it. With the current court being so hell bent on saying that they shouldn't be doing the job of the legislature with their supposed originalist ways, will we see a reevaluation of qualified immunity in this situation? I highly doubt it.

I will be frank and say I am in favor of a degree of qualified immunity. Without it, Section 1983 lawsuits would be happening far too frequently. But, I think that we need legislative action that would create qualified immunity with a narrow carve out for situations such as this. For situations where rights were violated in such an extreme circumstance that life was threatened or serious injury occurred. But we would need a Congress with a backbone, so that will never happen.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR

"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
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RE: Mass Shooting at San Antonio Elementary School - Belsnickel - 06-27-2022, 11:52 AM

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