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1/ This is going to be a tough thread, but even among those who know about “qualified immunity,” we need constant reminding about just how egregious these cases are. Below, I’ll lay out some US cases highlighted in “Above the Law,” a new book from Ben Cohen.
2/ The first is David Collie, who was shot in the back by police after being mistaken for a robbery suspect 7 inches taller and 10 years younger than he was. Dashcam footage proved officers falsified reports to claim Collie assaulted them.
3/ Courts granted the officers qualified immunity, meaning that Collie couldn't recover any damages from them or their department, despite losing his mobility and job. https://www.reuters.com/investigates/special-report/usa-police-immunity-variations/
4/ Khari Illidge was hogtied and tazed nineteen times by police officers who knelt on his back until he died. A federal judge granted qualified immunity saying his treatment "did not violate clearly established law" https://caselaw.findlaw.com/us-11th-circuit/1889970.html
5/ Alexander Baxter was sitting down, attempting to surrender to police with his hands in the air when an officer released his K-9 unit to attack the helpless man. Baxter sued, and actually had "clearly established law" to point to in this case, from the same jurisdiction!
6/ Outrageously, the judge ruled that the previous case involving a suspect *lying down* was different enough from Baxter *sitting down* to grant the officer qualified immunity. https://www.washingtonpost.com/outlook/2020/06/03/police-abuse-misconduct-supreme-court-immunity/
7/ A pregnant woman just 60 days from her due date was tazed 3 times (including in the neck) and dragged from her car because she felt uncomfortable signing a speeding ticket she believed would be an admission of guilt. https://www.cnn.com/2012/05/29/justice/scotus-taser-shocks
8/ A 10 year old boy was shot in the knee when an officer fired at a non-threatening family dog and missed. Not only was the officer granted qualified immunity, but a lack of a conviction means the same thing could happen again with zero consequences. https://www.forbes.com/sites/nicksibilla/2019/07/18/cop-who-accidentally-shot-10-year-old-when-aiming-for-family-dog-cant-be-sued-federal-court-rules/?sh=373ccb139877
9/ Shaniz West handed police officers the key to her home, assisting them in the search for an ex-boyfriend. Despite her help, and insistence that he wasn't inside the home, police destroyed the home with tear gas grenades. https://www.forbes.com/sites/nicksibilla/2020/04/21/legal-loophole-gives-police-immunity-for-destroying-womans-home/?sh=77173d6178d2
10/ There are...a lot more of these examples, but to be honest, I'm physically ill just recounting these even though I've heard them before. Qualified immunity is an unjust judicial doctrine that treats victims of civil rights violations like second-class citizens.
11/ It erodes trust between government officials and the communities they serve, making it harder for good public servants to actually do their job, all while insulating bad actors and poisoning the culture of government agencies and police departments.
12/ If reading these stories makes you want to fix this problem and make the world a more just place, my DMs are open. There are so many opportunities right now to fight back and end qualified immunity, but we need the voices of folks from all walks of life!
13/ And you can get Ben's book here. It recounts 16 different cases where the justice system came to a screeching halt because of immunity granted to officers who violated someone's rights, interspersed with context/commentary from subject experts. https://www.orbooks.com/catalog/above-the-law/
