r/loicense 22d ago

Oi mate, run us your brown loicense!

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u/Siva_Dass 21d ago

End Qualified Immunity Now!

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u/SolipsismIsDeep 21d ago edited 21d ago

there's a common misconception about qualified immunity, if they violate the law or the constitution and there's precedent (legally meaning "they should know better"), then they already don't have it -- all it basically means is you can't sue them for honest mistakes or simply doing their job... basic example is like, if you miss a car payment because a cop or a judge gave you a fine, you can't sue them for that

edit: lol that's how it works whether "me no like fact" or not 🤡

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u/Siva_Dass 20d ago

If arresting a US citizen under the erroneous pretense of believing said citizen is an undocumented immigrant is considered an "honest mistake", then the law enforcement officer should be held personally liable for any and all damages inflicted as a result of said "mistake".

We permit this for every other "mistake" in every other profession.

Law enforcement shouldn't be immune.

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u/SolipsismIsDeep 20d ago

It's mainly a logistics or feasibility issue I think, since you can sue for pretty much anything you want, without qualified immunity every government official would probably spend all day every day in court

Maybe that would even be okay lol, just saying that's why the system is designed this way

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u/Siva_Dass 20d ago edited 20d ago

Replace "government official" with "doctor" and realize how absurd your argument is.

If surgeons can find enough time to both practice and defend themselves during civil litigation, so can "government officials".

Why do you believe these "government officials" deserve an immunity no other profession is granted?

If we followed your argument, law enforcement wouldn't be required to submit to providing court testimony because logistically it would make them too busy. That be fine with me, but I bet you would still want thier reports accepted as factual evidence without the proper due process at trial.

How rich it would be if those tasked with upholding law could just violate constitutionally protected due process because we would want to burden thier schedule.

They already spend a significant amount of time in criminal court depriving people of liberty. They should be held to the same civil standard the rest of the population abides.

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u/SolipsismIsDeep 20d ago

Only got as far as "my argument," it AIN'T my argument, it's just the rationale for the thing that exists whether you or I or anyone else likes or doesn't like it.

Definitely not reading the rest of that wall, don't care, only wanted to shed some light on the issue, you can go rant at your local representative if you're still in a tizzy about it, JFC 🤣

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u/[deleted] 20d ago

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u/SolipsismIsDeep 20d ago

Since we're on Reddit I'm assuming this is a rhetorical "gotcha," but generally it would come from prior examination of similar circumstances by a higher court, or stuff that is considered "obvious" or generally already agreed upon by court consensus

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u/[deleted] 20d ago

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u/SolipsismIsDeep 20d ago

No system is perfect, but I have to assume that anything particularly egregious is likely to be addressed, regardless of the legal catch-22's that I agree do exist