New York City Ends Qualified Immunity For Police Officers, Becoming 1st In Nation To Do So
The protection has prevented officers from being sued or liable for misconduct.
newyork.cbslocal.com
NYC first city to end Qualified Immunity?
- Thread starter Edwardteach72
- Start date
newyork.cbslocal.com
Jsmegs77
.308 Win
And just like that, thousands more NYPD officers retired. Can’t wait to hear numbers on how the force has shrunken.New York City Ends Qualified Immunity For Police Officers, Becoming 1st In Nation To Do So
The protection has prevented officers from being sued or liable for misconduct.
libertysnake
.338 Win Mag
Should see what my cousin's husband is doing. Probably looking for a job now I guess. Good kid, works in one of the bad areas of the Bronx actually.
Mixed feelings on a lot of this personally. There's a of details here, and I think simply removing this without due diligence looking at those details is probably not a good idea.
Mixed feelings on a lot of this personally. There's a of details here, and I think simply removing this without due diligence looking at those details is probably not a good idea.
repete
.338 Win Mag
Dayton is looking for a LEP job....
Celt
.450/400 Nitro Ex
Its already feeling lawless. I left work last night feom Washington Heights I cross a bridge into the Bronx and get on the highway and head north. Its .4 miles from the jobsite to the highway, it took almost a half hour due to people parking cars in the traffic lanes to hang out in front of certain businesses, dirtbikes, atvs, etc.. are ripping up and down the street in any direction, cars driving however they like. Its a chaotic scene, and I see it getting worse.
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In a fair world these people would be released in the areas where the judges live so they can deal directly with the consequences of their actions. Shame on them.
Truebeliever
6.5 Creedmoor
The city council bill might be premuture. It will be challenged in court because the police officer powers and responsibilities come from state laws and not local law.
It's a knee jerk response IMO. That's all we seem to get nowadays though. The shit cops can get away with under qualified immunity is overboard and caused this reaction.
No qualified immunity? No duty to protect? Well, then...if you call 911, “May the odds be ever in your favor.” We’ll write the report when it’s over. These people are just plain stupid. I say let’s send in the social workers...let’s see how it pans out. After all, that’s what they want.
Who wants to take bets on how large the premiums will be to cover personal liability for LE jobs?! I bet the cost will be greater than the raises we aren’t getting to go purchase them.
Departments are going to have to start paying their officers a lot more money. How else is the officer going to get the money to pay for it?! Remember it’s qualified immunity, not immunity. Now people are actually going to be paying even more, officers wages will need to go up, the department will still get sued along with the officer. Another thing that’s viewed improperly by the public is that settlements are mistakenly viewed as the department losing the case. That is not why departments settle, they do it because it is cheaper than just winning in court. It’s wild how people think a settlement determines guilt.
Departments are going to have to start paying their officers a lot more money. How else is the officer going to get the money to pay for it?! Remember it’s qualified immunity, not immunity. Now people are actually going to be paying even more, officers wages will need to go up, the department will still get sued along with the officer. Another thing that’s viewed improperly by the public is that settlements are mistakenly viewed as the department losing the case. That is not why departments settle, they do it because it is cheaper than just winning in court. It’s wild how people think a settlement determines guilt.
I feel like the people who think this is a good idea believe qualified immunity is something else. If I run up on a handcuffed suspect and try and score an extra point with his head, I’ll be charged with a crime and QI will not apply. The suspect, now plaintiff is obviously going to sue the city of New York and me. Both will likely pay because they employed me. If the janitor at the grocery store grabbed your ass, you suing both the store and the person. What QI does is stop nonsense lawsuits from starting. If I pulled you over because you were swerving all over the road, suspecting you were drunk, and it turns out you were diabetic, QI would apply to stop me from being sued.
Anyone that advocates for this new QI issue, they’re gonna have a lot of fun when they learn about judges and DA’s with their absolute immunity. Unlike cops they don’t have to make sudden life/death decisions while alone and in the dark yet they can deliberate as long as they want and still be 100% fucked up yet still be completely unaccountable for their decisions.
The fact that every arrest I make could end up a viral video and destroy my family, my career, my well being mentally and physically isn’t enough, it’s the cost of doing business right? Many NYC officers have to pay a toll to get to work, that’s ever increasing. Yet their salaries hasn’t moved. When they take that pay cut for personal liability insurance, and can’t pay their mortgage , It’s just the cost of doing business right? When a civilian complaint review board can fire them for anything they perceive they’ve done wrong, it’s the cost of doing business right? In NYC officers cannot put any pressure on the torso during an arrest. If they do they can be criminally charged. With everything going on, why would they do, or help anyone knowing all these consequences are possible and likely?
Truebeliever
6.5 Creedmoor
I haven’t read the law but I wonder if it opens the department from being sued by the officers for their decisions and policies as well.
About that last line...call me crazy, but cops should be held accountable for their little "oopsies."
If a cop arrests you and you have to go to court, be out thousands, and, whoops, the cop got it wrong, the cop should face the punishment you would have faced. No different from false accusers.
It would cut out a lot of this "we'll FIND something to charge them with" mentality that is far far far too prevalent.
When are we going to see LE start arresting politicians for unconstitutional laws and policies? That is what needs to happen. Yes, I am indeed wishing for an LE insurrection against the government. Unfortunately however human nature dictates that one not endanger one's livelihood so on it goes, but the police in Seattle and Portland should have arrested their respective mayor's long ago.
Solidarity, we need much more solidarity.
RDN
.357 mag
So NYC cop lose "Qualified Immunity" - GOOD!!!
HOPE THIS IDEA SPREAD ACROSS THE WHOLE U.S.!!
HOPE THIS IDEA SPREAD ACROSS THE WHOLE U.S.!!
That last line said nothing about the operator of the vehicle getting arrested for drunk driving. It referred to an operator of a vehicle being pulled over because they showed signs of impairment but it was later found that they were having a diabetic emergency. The operator would obviously not get arrested for DWI since he’s not drunk, but with QI in place the operator would not be able to sue the officer for pulled them over. Without QI, the operator can attempt to sue the officer in civil court for engaging in a traffic stop where he believed the operator was a drunk driver.
I don’t know about anyone else but I personally don’t see any officers with a "we'll FIND something to charge them with" mentality. There is no widespread rampant acts of people getting randomly arrested who did nothing wrong, it’s not a thing. I don’t see people just randomly getting picked up by police for the fun of it just to randomly arrest anyone. If someone is getting arrested it’s because they did something wrong and deserve to get arrested, plain and simple. Not to mention the amount of paperwork that has to go into arrests especially after the relatively new bail reform that was passed, I can assure you that an arrest isn’t as simple as slapping cuffs on someone and they go right to jail. The process is much more involved than that and no officers that I know are arresting people who didn’t do anything wrong just to go through the entire process for nothing.
Truebeliever
6.5 Creedmoor
I don’t think you know what qualified immunity is.
It is if the a person says that person robbed me, points the person out to the cop, and the cop makes the arrest , he can’t be sued if the person beats the case. It also applies if the SCOTUS or the other courts create a new civil right that didn’t exist before the facts of the case occurred. That’s qualified immunity.
Now think about it. The person could sue the cop in most cases if they used excessive force or didn’t have probable cause for the arrest, or reasonable suspicion fir the stop. Now, even if the person is convicted of the crime, they can still sue the cop and the cop or department must defend the the lawsuit. The nuance lawsuit br inmates alone will cost billions if they claim the handcuffs were too tight ( no injuries), the cell was 70 degrees instead of 68 degrees, etc as they do other corrections .
billions wasted.
And do you think the cop is going to arrest anyone who might resist. The answer is no. They will be report takers only if they are smart .
And if the cop makes a mistake, do you think he is more likely to admit it or have more incentive to cover it up. Think about it.