Here's an ACTUAL case at The Supreme Court where both the District Court, and the Appeals court (5th Circuit) granted officers Qualified Immunity. The Supreme Court has routinely held that people should not be able to hold police officers responsible for conduct this bad (or worse). This Petition was filed by the Institute for Justice. (IJ). I'd like to tell you it gets better when you look closer, but it actually gets worse.
Qualified immunity has created a feedback loop. Officers can not be held accountable if there is no "case on point" forbidding the conduct. That is to say, if a judge has not very specifically and unequivocally said police conduct is unlawful--police can not be held accountable for that conduct. What's the problem with that? It creates a system where judges are not allowed to say new conduct is unlawful, so the weirder and wackier that police are in violating your rights the less likely they are to be held accountable. How "on point" does a case have to be? If this conduct is found to be illegal by The Supreme Court it is likely that lower courts would still grant qualified immunity where police intentionally set someone on fire who had accidentally spilled gasoline on themselves and was being combative towards police. The joke in legal circles is that a valid argument includes: "Well your honor, in my case the plaintiff's left shoe was untied, in the other case it was the right shoe." This stupidity is based on the idea that (even if judges could hold police accountable) the police read judicial decisions and act accordingly. Police do not read judicial opinions, even if they did a large number of them would not be able to understand the opinions.
Could some one explain to me what or who is responsible for holding cops accountable out side of QI? has there always been QI and why and when did it become a thing. This just sounds crazy.
Wait, the defense was, we lit this person on fire to prevent him from lighting himself on fire? WTF! are there any cases of police being held accountable? 😡
I want to say this is shocking, however it is not. Because the fact is the system was not designed to protect me and you. It very intentionally favors police over its citizens, because they view themselves as enforcers and not servants. Which is not surprising given the roots of policing in slave patrols. We must accept that under he current system there can be no police accountability, and use that as a starting point on finding a solution.