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lukeschlatheryesterday at 3:24 PM2 repliesview on HN

In this very article the police department argued that taking a laptop and not entering it into evidence is protected by qualified immunity. People think that qualified immunity applies to every story in the news because the police argue that it does and the courts typically agree. I will be interested to see the outcome of this case - my expectation is that the court will rule that the police officer cannot be personally sued in this case, because of qualified immunity.


Replies

parineumyesterday at 4:04 PM

Theft is a criminal offense as well. The officer can be prosecuted for that.

Qualified immunity also applies to the officer who individually. The department can be sued still.

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wat10000yesterday at 4:08 PM

Normal people are prosecuted for theft when they steal things like that. Qualified immunity doesn't cover that. This officer probably won't be prosecuted, but it's nothing to do with qualified immunity.