this post was submitted on 15 Sep 2024
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There was also a march today in town by Piss Boys

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[–] [email protected] 21 points 1 month ago (9 children)

According to the Ku Klux Klan Act of 1871? Yep.

The 1871 Congress really tried to fix things only to have at least one other law illegally changed, which caused Qualified Immunity.

https://www.nytimes.com/2023/05/15/us/politics/qualified-immunity-supreme-court.html

[–] [email protected] 0 points 1 month ago (8 children)

For anyone stumbling across this comment: qualified immunity isn't a bad thing. It shields all sorts of public employees from civil liability only while doing their jobs. It does not shield them from criminal liability and the civil liability is transferred to their agency.

This means that if a mail carrier opens your mail box to deliver your mail and the lid falls off in their hand, you have to use USPS for damages, not the mail carrier as an individual. You still get compensated for damages, but the government employee can do their job without getting personally bankrupted. If they genuinely did something wrong (as in breaking procedures, not breaking the law) they'll get disciplined or even fired.

Because cops get qualified immunity and it has the word "immunity" in it everyone with a beef against police ignored the word "qualified" and started screaming that it was evil and means government employees can get away with felonies. That's not true. If the aforementioned mail carrier rocks up, decides you suck, and hits your mailbox with a baseball bat, then threatens to beat you to a pulp they're going to face criminal charges. Qualified immunity simply does not apply for crimes committed regardless of if they were done on the clock or in uniform.

Before a bunch of brain-dead people off their meds start bringing up specific cases where cops weren't charged for specific actions that were either possibly or outright illegal please look at those cases for issues with the prosecutors handling them. They are always because a grand jury failed to indict, not because of qualified immunity.

[–] [email protected] 9 points 1 month ago* (last edited 1 month ago) (1 children)

Either way, QI is illegal by the law of the land as passed, not as improperly copied in 1874. I'm not discussing it's merits. The law of the land is being broken, and either needs to be rewritten by Congress, or followed.

Harlow v Fitzgerald should have been ruled the other way.

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