Qualified Immunity: Unreasonable Standards

Topic: Qualified Immunity, Law, Police Accountability, Right to jury trial
Qualified Immunity: Unreasonable Standards
Participants:  John Burton, Civil Rights Attorney www.johnburtonlaw.com
Release Date:
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Discussion Topics:

  • What is qualified Immunity?
  • How does qualified immunity relate to the national mass movements for police accountability?
  • The modern era of police misconducted litigation starts in the 1960’s with the Warren Court.
  • What is the Federal Civil right act of 1871?
  • Why is section 1983 of  1871 Civil right  act important?
  • What is an unreasonable seizure under the 4th amendment?
  • How did the good faith defense under common law turn into qualified immunity?
  • If the officer did not know that her/ his actions violated a prior existing law, then does  qualified immunity apply?
  • Is qualified immunity judge-made?
  • Is an unreasonable arrest, a violation of the 4th amendment?
  • Does qualified immunity undercut congressional policy and the intent of section 1983 of Civil rights Act of 1871?
  •  How do you overcome qualified immunity?
  •  If the police officers did not know that their actions apply to a violation of a specific law, then   qualified immunity averts a trial?
  •  How does qualified immunity deprive plaintiffs from their 7th amendment right, a right to jury trial?
  •  How did video change the perception of police actions of abuse?
  • How did cases of police misconduct change after the 1992 Rodney King case?
  • What is the relationship of police militarization and the current issue of police abuse?
  • What is the role of police in a capitalist society?
  • Is qualified immunity intended to protect the personal assets of police officers as individuals?
  • If an officer violates the constitution, then the agency of the officer is responsible  for the damages?
  • Can police officers be held to the same legal standard as drivers and doctors?
  • How does qualified immunity maintain class relationships intact?
  • Does the repeated practice of relying on prior cases of constitutional violations to serve as standards, result in a deterioration of potential clear standards to serve as objective tests?
  •  Qualified Immunity takes the decisions of a trial from the jury and gives it to the judges?
  •  What are current supreme court cases dealing with qualified immunity?
  •  Congress has the power to end qualified immunity.

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