The problem is simple: qualified immunity has become a blank check. The officer can simply claim they didn't know the law. They somehow can't be expected to understand basic constitutional protections.
Qualified immunity is more nuanced. It allows the first offense to be absolved but it works like legal precedent where future offenses by _any law enforcement officer_ is not covered.
Now there’s plenty of loopholes where you can craft “unique defenses” based on nearly identical underlying offenses. But it’s important to have the distinction
Qualified immunity is more nuanced. It allows the first offense to be absolved but it works like legal precedent where future offenses by _any law enforcement officer_ is not covered.
Now there’s plenty of loopholes where you can craft “unique defenses” based on nearly identical underlying offenses. But it’s important to have the distinction