Congress must act to eliminate qualified immunity
By Scott Tibbs, June 26, 2019
Here is an absolutely horrifying story. In order to fight sexting and "protect" teens from it, a police officer violated the human rights of a teenage boy:
In 2017, the 4th Circuit Court of Appeals overturned a lower court's ruling that granted qualified immunity to a police officer who obtained not one but two warrants to take naked pictures of a 17-year-old boy suspected of sending sexually explicit photos to his 15-year-old girlfriend.
Obviously we should take "sexting" seriously, and there should be some sort of legal penalty for underage teens who send explicit pictures of themselves. But we should not be so deranged as to think this kind of behavior is ever justified. I cannot understand how anyone can hear about this and not immediately recoil in horror, followed by anger and rage. Nor should we believe that forcible anal exams
should be acceptable.
This particular legal fight has a good outcome so far, but more needs to be done. The courts fabricated the doctrine of "qualified immunity" and have been reluctant to overturn it, but the obvious solution is not in the judicial branch. The solution should come from the legislative branch.
Congress should pass a law negating the concept of "qualified immunity" in federal civil rights cases, and the state legislatures should pass identical legislation erasing "qualified immunity" in state courts. Too many bad actors have gotten away with far too much for far too long, and it is time for the legislative branch to show some courage and discipline the judicial branch's fabricated legal doctrine.
Yes, sometimes police officers make mistakes in good faith, and we should be careful not to take things too far to the point where police either cannot do their jobs or are unduly restrained in protecting the public. But qualified immunity has gotten so far out of hand that the public has no protection from corrupt or brutal law enforcement. And before you "back the blue" people start complaining, yes, there are corrupt and brutal police officers. There are degenerates in every profession: Police officers, soldiers, pastors, cashiers, waiters, cooks, janitors and accountants. The doctrine of total depravity covers all humanity.
It is time for the American people to demand that we be given legal protections, and to demand action from our representatives in Congress and the various state legislators. It is time to put an end to special rights for law enforcement that allow them to commit terrible crimes and human rights abuses without fear of legal repercussions. It is time to restore the promise our nation was founded to protect: A limited government where the rights of the individual are considered legally sacred.
In other words, it is time to Make America Great Again!
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