10-22-2020, 06:01 PM
(10-22-2020, 03:08 PM)GMDino Wrote: Honestly the way this immunity is decided on fascinates me.
If there isn't a very specific example of the incident then the officer gets immunity...but it seems it very hard to get a new example of the immunity because there isn't already an example of it.
Still the article stretches a bit with a "constitutional right to breath" I think despite being accurate in it's coverage of the story and Barrett's part in it.
Much more at the link and it's a sad, difficult story.
Plus there are link to some of her other more interesting decisions.
Qualified immunity is very simple. Unless you stray far from department policy you cannot be sued personally for any action you take while on the job. Without this it would absolutely impossible to be an LEO, you'd be sued every day by every person you arrest. You'd drown in nuisance lawsuits. So there doesn't need to be an example of it, it is all encompassing with the exception I already noted.
