Topic: Qualified Immunity, Law, Police Accountability, Right to jury trial Title: Qualified Immunity: Unreasonable Standards
Participants: John Burton, Civil Rights Attorney www.johnburtonlaw.com Release Date: 08/02/20
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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?
- Why does the repeated practice of relying on prior cases of constitutional violations to prove as standards, results in a deterioration potential clear standard 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.