Colorado ends qualified immunity.......

JEDIYoda

Lifer
Jul 13, 2005
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One state down! 49 to go!!!

Colorado governor signs sweeping police reform bill ending qualified immunity, banning chokeholds

Colorado Governor Jared Polis (D) on Friday signed a sweeping police reform bill into law that includes the end of qualified immunity for officers.

The bill ends the legal doctrine that protects police officers from civil lawsuits, which some have argued gives cover for cops who use excessive force. The issue has gained national attention after the death of George Floyd, a Black man who died after a Minneapolis police officer pressed his knee on him for nearly nine minutes.
 
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woolfe9998

Lifer
Apr 8, 2013
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Eh, cops are still not going to have to personally pay any civil judgments against them. I think this is something that people do not understand. Let me show you an example of a typical state law:

California Labor Code section 2802

(a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.

You are usually indemnified by your employer against any civil liability incurred on the job, with few exceptions. And, in any event, no one who sues cares about that anyway. The deep pocket is the city government. The cops aren't going to be able to pay.

What ending qualified immunity does is open up the cities to liability. And that is fine, except in these high profile cases we've seen in the news, in spite of qualified immunity, the families have gotten multi-million dollar settlements anyway, even in cases where the internal investigation revealed no wrong doing and no charges were filed. Because they want to avoid negative publicity.

Anyway, just understand that this only increases tax payer liability, though ultimately it might not make much difference at all because the cities will settle the homicides almost every time.

I do agree with some of the other reforms.
 

JEDIYoda

Lifer
Jul 13, 2005
33,981
3,318
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Eh, cops are still not going to have to personally pay any civil judgments against them. I think this is something that people do not understand. Let me show you an example of a typical state law:

California Labor Code section 2802



You are usually indemnified by your employer against any civil liability incurred on the job, with few exceptions. And, in any event, no one who sues cares about that anyway. The deep pocket is the city government. The cops aren't going to be able to pay.

What ending qualified immunity does is open up the cities to liability. And that is fine, except in these high profile cases we've seen in the news, in spite of qualified immunity, the families have gotten multi-million dollar settlements anyway, even in cases where the internal investigation revealed no wrong doing and no charges were filed. Because they want to avoid negative publicity.

Anyway, just understand that this only increases tax payer liability, though ultimately it might not make much difference at all because the cities will settle the homicides almost every time.

I do agree with some of the other reforms.
YES!! There will be even more lawsuits, but if the city or whoever has to keep paying they will eventually terminate the employment of the bad apple!!

Critics have said the doctrine too often lets police brutality go unpunished. The high court this week declined to hear several cases challenging qualified immunity assertions on behalf of police.
 

woolfe9998

Lifer
Apr 8, 2013
16,188
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YES!! There will be even more lawsuits, but if the city or whoever has to keep paying they will eventually terminate the employment of the bad apple!!

Critics have said the doctrine too often lets police brutality go unpunished. The high court this week declined to hear several cases challenging qualified immunity assertions on behalf of police.

There's plenty of lawsuits already. I think I read that NYC paid some $60 mil. last year in settlements. All of that comes out of the taxpayers' pockets, not that of the cops. I'm fine with that to a point, especially in the homicide/great bodily injury cases. However, if this really does increase lawsuits a lot as you say, we'll see how taxpayers feel about footing that bill.

I'd rather see a focus on increasing criminal responsibility of the individual officer, and also making it easier to terminate him (union reforms). That is what will deter the bad behavior to begin with. Believe me, the cop doesn't care about civil liability of the city government because at the end of the day, it won't be his money.
 

JEDIYoda

Lifer
Jul 13, 2005
33,981
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I'd rather see a focus on increasing criminal responsibility of the individual officer, and also making it easier to terminate him (union reforms). That is what will deter the bad behavior to begin with. Believe me, the cop doesn't care about civil liability of the city government because at the end of the day, it won't be his money. --- totally agree!!!!
 

JEDIYoda

Lifer
Jul 13, 2005
33,981
3,318
126
I'd rather see a focus on increasing criminal responsibility of the individual officer, and also making it easier to terminate him (union reforms). That is what will deter the bad behavior to begin with. Believe me, the cop doesn't care about civil liability of the city government because at the end of the day, it won't be his money.
-- Totally Agree!!
 

pauldun170

Diamond Member
Sep 26, 2011
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Qualified Immunity never stopped lawsuits.
Consider the origins of Qualified Immunity, how it all started with cops arresting Freedom riders at a coffee shop.

Qualified immunity exists because lawyers found a way to justify Police Officers violating the constitutional rights of some blacks priests who were simply trying to point out that no one was enforcing federal law
 
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JEDIYoda

Lifer
Jul 13, 2005
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Qualified Immunity never stopped lawsuits.
Consider the origins of Qualified Immunity, how it all started with cops arresting Freedom riders at a coffee shop.

Qualified immunity exists because lawyers found a way to justify Police Officers violating the constitutional rights of some blacks priests who were simply trying to point out that no one was enforcing federal law
so? Qualified immunity allowed a lot of dirty cops to avoid prosecution....
 

JEDIYoda

Lifer
Jul 13, 2005
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Why did you say "so?"
why did you try to down play the effects of qualified immunity....by infering that qualified immunity is not that bad, because people can still file lawsuits?
You do realize that many lawsuits are thrown out because of qualified immunity..
 

pauldun170

Diamond Member
Sep 26, 2011
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why did you try to down play the effects of qualified immunity....by infering that qualified immunity is not that bad, because people can still file lawsuits?
You do realize that many lawsuits are thrown out because of qualified immunity..
No.
I did not play down anything and you misinterpreted my post.
 

FaaR

Golden Member
Dec 28, 2007
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What ending qualified immunity does is open up the cities to liability.
So the cities simply have to stop insisting on hiring violent, bloodthirsty psychopaths as cops. Implement sufficient mental aptitude screening, and as Bill Maher pointed out some months ago, instead of being the last step in the hiring process, make it the first step applicants have to pass.

That will cut down on their liability costs considerably.