The “qualified immunity” that protects police officers from certain lawsuits is under increasing scrutiny.
On Monday, the U.S. Supreme Court refused to make it easier for municipalities to respond to civil rights violations by its police, and rejected an appeal involving a man who was fatally shot by an official in Ohio.
A justice Luke Stewart (Luke Stewart)’s 23-year-old man’s mother filed an appeal, and the court rejected the appeal. The judgment dismissed her claims related to a person involved in the civil rights lawsuit against Euclid under federal law. 2017 event.
The officer who shot Stewart at close range, Matthew Rhodes, called Qualified immunity, Even if the lower court ruled that the jury might find him illegally using excessive force.
The lawsuit filed by Mary Stewart accused Rhodes and another official of excessive use of force, violating the Fourth Amendment prohibition on unreasonable body searches and confiscations. The lawsuit also accused Euclid police of unconstitutional acts, especially unconstitutional acts against blacks. Her son is Black. The officer is white.
Qualified immunity can protect police officers and other types of government officials from civil litigation under certain circumstances, allowing litigation only when an individual’s “clearly established” statutory or constitutional rights have been violated.
Recent survey Has shown how to Supreme Court, Federal lower courts are increasingly granting qualified immunities to police officers accused of excessive use of force, even if they have determined that the police officer has taken illegal actions.
When the police arrived at Stewart, Stewart had been sleeping in his car. When Stewart tried to drive away, Rhodes got into the car. Rhodes slammed Stewart, hit him with Taser after shock, and shot Stewart in the chest and neck with a gun.
Disturbing news about the Euclid Police Department appeared in the lawsuit, such as training materials, which included an illustration of a riot police officer beating a person lying on the ground, with the caption: “Protect and serve you Poo”.
The Sixth Circuit Court of Appeals based in Cincinnati, Ohio ruled in 2020 that although the jury could find that Rhodes’ use of lethal force was excessive, the official was not “clearly determined” by the fact that the previous case was not “clearly determined”. Protection of qualified immunity. The behavior is illegal.
The appellate court called the training materials “annoying” and “inappropriate,” but it rejected the city’s request, saying that the municipality might not be held liable if the officials’ violations were not clearly identified.
Last year many cities in the United States protested against racism and police because a black man named George Floyd (George Floyd) died of a black man, and a white Minneapolis officer knelt on his neck for nine minutes. Immunities are subject to increasing scrutiny.
The Democratic-led U.S. House of Representatives passed policing reform legislation in March, depriving officials of qualified immunity. The bill faces an uphill battle in the Senate, and Republicans oppose the rule and others.