The judge-created notion of “qualified immunity” is everything that is wrong with America”s broken democracy; and its why the term “police state” is a dictionary-accurate definition of what America–and western countries in general–are in fact and in practice. These are not democracies by any stretch of the imagination, all of them locking up and neutralizing democratic opponents of its “policies” for the slightest of infractions.
Qualified immunity is a never voted on, never enshrined in the constitution, never granted by Congress, and never handed down by presidential proxy or executive order –its a policy created from whole clothe by judges, and it created a “privilege” for police outside of the US Constitution.
You read that right: nothing about qualified immunity can withstand constitutional scrutiny in any fashion–and yet it exists, as a policy handed down by the Supreme Court. Its not a law, it’s not a mandate or order of any kind–it’s a “nice practice,” akin to social etiquette rules, workplace policies, or other things that we do when in “polite company.” It is the root of the two-tiered system of “justice” in the west.
Here is an explainer from The Appeal, and the Justice Collaborative., and here is more about this “policy” and how it is directly tied to Supreme Court Justices deliberately undermining the rights of black citizens to sue the government for police abuses, and leading to that policy finally being enshrined by the Supreme Court in 1967, “describing it as a modest exception for public officials who had acted in “good faith” and believed that their conduct was authorized by law.”
MODEST? Have a look at what it sanctioned:
Due to a series of Supreme Court rulings that jurors rely on in the rare instance that a police officer is indicted and is before them as a defendant, cops have no duty to protect the public from attack. They can gun down the mentally ill with impunity. They can use excessive force and even overkill with a free pass not accorded our soldiers in war. They can blow away your 12-year-old, choke you out on the street, chase your teenage son into your house and blow him away in front of your mom and your 6-year-old and, yes, mow you down in the passengers seat of your girlfriend’s car on Facebook Live with barely any likelihood of being convicted. The most that will likely ever happen to a police officer who kills you or your loved one is that he’ll be fired. That’s reality. Especially if you are black—whether you are a man, a woman, or a child.
Such is our society’s desire for a particular kind of “law and order.”SOURCE: The Daily Beast
Absurd. Modesty itself surely cringes at the spectacle and actual horror show that this “policy” has foisted upon the poor, the marginalized, the black and the brown people–and the white and yellow and red people of America too.
Gang stalking is a social practice whereby organized groups of people gather together and break, bend, and subjugate the law to the will of the powerful–and qualified immunity is the very product of that process–the sister of “police investigation privileged” methodology, and the progenitor of the kangaroo courts and grand jury system that goes along with it. And they need to be abolished.