Originally Posted by dave260rem!
If I understand Qualified Immunity it protects LE civilly unless a constitutional law is violated.


Not quite. That is one instance where they don't have immunity. But they also lose immunity if they commit an act they know, or should have known, violated a law or right, or if they were negligent in any way. In this case, someone didn't do their homework on the house so they will not have immunity. Police officers get sued all the time without immunity because they failed to properly do their job. Qualified Immunity does NOT come into play as often as some of y'all think it does. It does a lot of times for some officers, but not everyone involved. For example, in this case, the officer(s) that should have checked the address will not be immune nor will his supervisor likely be immune if they didn't check the address too.

They get Qualified Immunity only when they are acting in Good Faith. Meaning they believe, because they have good reason to believe, what they are doing is legal and proper.

Also, if the neglect is egregious enough then they can face Criminal sanctions as well as Civil penalties.

Don't let the Absolute Immunity that judges and politicians enjoy taint your view of LE, because they don't have Absolute Immunity. Please don't confuse Absolute and Qualified Immunities because they re vastly different.

Last edited by jawbone; 01/06/25 12:47 AM.
Lord, please help us get our nation straightened out.