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.
My point is simply that you suggested that qualified immunity doesn't apply to this case, and I agree that it should not in principle but my understanding of the case law is that it typically does.
My point is simply that you suggested that qualified immunity doesn't apply to this case, and I agree that it should not in principle but my understanding of the case law is that it typically does.