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Mass Shooting at San Antonio Elementary School
(06-27-2022, 11:52 AM)Belsnickel Wrote: 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.

I don't blame the officers, I blame the politicians in charge of the department who ordered them to stand down.  The line officers were placed in a terrible position.  If you disobey orders and storm the room there's no positive outcome for you.  Even if you wildly succeed you're going to be fired for insubordination.  If things don't go well, especially if they go badly, not only are you getting fired you're going to be charged criminally.  So, you have the choice between that and having to standby knowing full well what's happening while you sit on your thumbs.  There's a reason why line officers don't trust anyone at lieutenant rank or above, and this is a perfect example of why.  There are exceptions, to be fair.

All that being said, I don't see any way in hell I'd be able to stand by while that piece of shit murdered children.
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RE: Mass Shooting at San Antonio Elementary School - Sociopathicsteelerfan - 06-27-2022, 12:21 PM

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