if you still believe you have legal rights protected by the illusion of a constitution i suggest you read this woman's experience;
As TFTP has reported, when it comes to police accountability, one overarching question remains. ‘Do we want to live in a society whereby law enforcement officials can completely violate a person’s constitutional rights and get away with it?’ For our society to be free, the answer to that question must be a resounding, powerful, unwavering, ‘Hell No!’ Sadly, police in America who violate the rights of citizens currently enjoy this lack of accountability all thanks to the incredibly flawed legal doctrine of Qualified Immunity.
The Supreme Court created qualified immunity in 1982. With that novel invention, the court granted all government officials immunity for violating constitutional and civil rights unless the victims of those violations can show that the rights were “clearly established.”
The court held in Harlow v. Fitzgerald that government actors are entitled to this immunity due to the “need to protect officials who are required to exercise discretion and the related public interest in encouraging the vigorous exercise of official authority.”
“Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
As Anya Bidwell points out, although innocuous sounding, the clearly established test is a legal obstacle nearly impossible to overcome. It requires a victim to identify an earlier decision by the Supreme Court, or a federal appeals court in the same jurisdiction holding that precisely the same conduct under the same circumstances is illegal or unconstitutional. If none exists, the official is immune. Whether the official’s actions are unconstitutional, intentional or malicious is irrelevant to the test...........read more.......
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