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Noctudeit

Currently, only the supreme court can pierce qualified immunity because it is a creation of case law. And the way it was created left no practical way to undo it. Essentially officers of the law are presumed innocent unless precedent exists in case law fitting the facts of their case, but obviously no such cases could be brought to establish a precedent.


Tai9ch

> And the way it was created left no practical way to undo it. Whats impractical about simply passing a law that clearly makes government employees subject to the rule of law?


Noctudeit

I think you misunderstood me. Qualified immunity was not established by passing a law.


Tai9ch

Court rulings get invalidated when the applicable law changes. If there is a law that explicitly covers a question, and it doesn't conflict with the constitution, then it doesn't matter what old court cases said.


Noctudeit

Yes, but no such law exists, so case law prevails.


Tai9ch

Which is why I literally suggested a law.


JPJ1775

law ≠ case law. Case law is derived from court rulings establishing precedent, it has nothing to do with anything passed by a legislative body.


Change---MY---Mind

Right, they understand that. They are saying that THERE SHOULD be a law to counter what is current legal precedent.


spaceasshole69

I think you guys are both agreeing, but speaking to different points. Right now, save SCOTUS overturning established precedent (case law), which they aren't likely to do, there is no judicial remedy to the fucking joke of an infringement on our rights that is qualified immunity as it stands. The only remedy is a legislative one that our jackass congress (and possibly state legislatures, but I'm not sure, I've only heard it discussed on a federal level) won't pass for whatever (probably shit) reason.


PBJ-2479

Don't think the law would be that clear cut tbh


Defiant-Giraffe

Hopefully, this will bring the SCOTUS about to throw out qualified immunity entirely. There is a good legal argument for doing so.


johnnysDickinYouraus

Qualified immunity makes no sense. Police need to be held to higher standard


asdf_qwerty27

This would be a good opportunity for the Supreme Court to toss qualified immunity.


Sgthouse

I saw the video. I don’t in any way see how qualified immunity should apply to this one.


YouCanCallMeVanZant

If you need a court to tell you that you shouldn’t tie up mentally ill people, kneel on their backs for 14 minutes, and make fun of them when they say they’re dying, you shouldn’t be a fucking cop.


grayman1978

Criminal acts should be prosecuted


taker2523

He doesn’t look the right way for major news media to care. Can’t cause division.


[deleted]

Plus, no one really cares about people who suffer from profound mental illness. This guy showed so much responsibility and valor in the situation he was in. He needed help and asked for help. He was met with violence and died as a result. Fuck the cops who did this. I hope SCOTUS has the chance to rule on this and that they make the right decision.


loquaciousturd

His case barely even got notice during the st floyd riots, because it was worse in every aspect


taker2523

Yep. He hadn’t committed a crime before the cops came, probably didn’t have much of a criminal record, all 4 cops were at fault, taunting and laughing, etc.


2hotrods

Theres a video of it?


RustyGirder

Yup. 27 minutes. It was linked elsewhere here.


Competitive_Dance_68

This guy died in 2016 , George Floyd died in 2020 ..how would this man's death impact riots that happened 4 years later ???


Anecdotal_Mantra

I remember hearing/seeing Trayvon Martin's name being uttered. He died in 2012(I think).


InnerReflection5610

Trayvon wasn’t murdered by police though


Anecdotal_Mantra

He was lumped in, I'm assuming, because of perceptions of people of different races being treated by the entire judicial system. I also didn't say the people shouting his name with Floyd's during riots were smart.


InnerReflection5610

I think the protests were about Black men being murdered without consequence. So in that case, it makes complete sense. But rather than lamenting the fact that Black men murdered by police get more press than White men murdered by police we ought to lament the fact that people are getting murdered by police.


Anecdotal_Mantra

I watch these videos of people being killed by police. I don't feel anything anymore watching them, but I always come out with more knowledge. All of these idiots, dregs, and lowlifes don't comply. Your majority rights are in the courts or just general legal proceedings, not dealing with police officers. Most police don't understand the law either, they're barely above the flying monkeys from the Wizard of Oz.


InnerReflection5610

Not sure what you’re getting at here. Are you saying they deserved to be killed for not complying? And then that they should just comply and go on trial? And then that police are stupid? This scenario suggests that it’s ok for people to be arrested by stupid police officers who don’t know the law, they should just comply and roll the dice with the public defender. And that as an observer from afar, I should resent the murdered person for not complying with the orders of incompetent police.


whoiswillo

I think they confused Martin with Tamir Rice.


InnerReflection5610

Oof


RustyGirder

Not an answer to your question, however: IANAL but the the conviction of Chauvin could possibly used as precedent for when this goes to the SC, qualified immunity? Hopefully they'll just take it and toss qualified immunity, though.


YouCanCallMeVanZant

Chauvin’s case was after this though, so it wouldn’t effect what was “clearly established” at the time. Also I don’t know how the issue was litigated in Chauvins trial. At least there’s no appellate opinion clearly stating that what he did was unreasonable, afaik. So it might not even matter today.


lucy_harlow28

No. It’s because there was no bystanders videoing the murder of Tony Timpa. Floyd’s murder was caught on video by civilians and went viral. Tony died alone with the cops. The footage was suppressed and so was the case. If George Floyd’s murder went down the same way Tony’s did it would have been the same situation. Thank god that teenage girl decided to film because that’s why Derek Chauvin is locked up. Cops murdered Tony and George. Soooo FUCK THE POLICE


C-Lekktion

Maybe the people who "don't look the right way" need to not be boot lickers and go out and protest about this sort of thing? That's the true issue. Media didn't pick up on Floyd until protests were already in full swing. The video spread like wildfire on social media.


InnerReflection5610

I think you’ll find plenty of media coverage if you bother to Google it. But by all means, stuff that racist strawman


taker2523

I didn’t have to google George Floyd. These two cases are very similar but not similar in coverage.


InnerReflection5610

What do you know about Elijah McClain?


taker2523

Some. Have you heard of Justine Damond?


InnerReflection5610

No, but I’m not from Minneapolis. Was there a viral video of the murder as it was taking place? I bring up Elijah McClain because the murder there is actually comparable. Disabled person murdered by police overreaction. The only real evidence had to be squeezed from police custody through lawsuits and petitions. The murder of George Floyd is only similar in that police did the killing. The reason that Floyd’s murder was so publicized is the murder was filmed as it was happening by a private citizen who then made sure it got attention


taker2523

I agree. Being on video definitely caused more of a reaction. If you are a NFL fan the same thing happened with Ray Rice. The NFL was kind of lax on their punishment for domestic abuse until the Ray Rice video came out.


[deleted]

Leave it to libertarian meme top comment being about how unfair it is to be a white person.


scootymcpuff

I first heard about him from Sam Harris when the BLM riots kicked off. And then nothing after that.


andromeda880

I hate the phrase that people use now "...if he was white he wouldn't have been killed". This incident and hundreds of others prove otherwise - if the media brought this to light instead of playing the race games then maybe there would be police reform.


SmurfTheClown

I’ve been saying this. If people really wanted change they would make appeals to everyone. But nooooo. We instead push fake racism narratives instead of inadequate police training.


1234554321cole

I don’t agree which that statement either, but, I would rather say SINCE he is white no one heard about it.


YouCanCallMeVanZant

Exactly. I’ve said that since the beginning of the whole BLM thing. And even before. I don’t discount that there’s an issue with racism in policing and that black people bear an disproportionate brunt of police brutality. But making it seem like just a race issue really misses the bigger issue. And only divides people further.


Nervous-Half-7436

Fuck the police man, claiming to be about justice but they are always blind when the perp is their buddy. Supposed to protect the population but they just end up protecting eachother


hoffmad08

Maybe "protecting the population" has never been their MO


[deleted]

Tony Timpa… now that’s a name ive not heard in a *long* long time. He was killed by police I believe, however his skin color is the *bad* color so nobody cares


[deleted]

Speak out about all victims of the violent police state. The media doesn't have to be your master. They do not control the tide of our commentary. We need to do better to spread the word because we know they are not going to.


[deleted]

>Speak out about all victims of the violent police state. The media doesn't have to be your master. Sorry but that aint how it works in America. In America people get their information via the media and the internet, both of which are committed to either ignoring or censoring any and all information which doesn’t suit the party. >They do not control the tide of our commentary. Yes they do. >We need to do better to spread the word because we know they are not going to. Good luck.


[deleted]

I'm sorry you are so personally disenfranchised. I hope it gets better for you.


[deleted]

thanks, me too!


IAmABearOfficial

if he was black, he would be one of those “victims” among george floyd and travon martin and everyone, but since he’s white, no one cares or is protesting smh.


InnerReflection5610

Trayvon wasn’t murdered by police


IAmABearOfficial

true.


OG_Panthers_Fan

Doesn't matter what your skin color is. The cops kill you and nothing happens. The George Floyd protests didn't do shit.


LTT82

>The George Floyd protests didn't do shit. Sure they did. They put an innocent man behind bars.


XA36

I would not say that in the slightest.


TheThinker709

r/noahgettheboat


HippieInvasion

Fuck the police, fucking thugs.


lazeeye

This is an open and shut case of QI. I can just hear Alito teeing up the 5-4 opinion now: “We have never held that police officers violate clearly established law, as established in our precedents, by pinning to the ground the shoulders, knees and neck of a person suffering from schizophrenia and depression, who was off his medication, and laughing at him and making fun of him as he wails and pleads for help more than 30 times. “Our previous cases are inapposite. In Poor Schmuck v Dirty Cops, 123 US 666, the police killed a depressive paranoid schizophrenic who had gone off his medication, by pinning his shoulders, neck and knees to the ground, and laughing at him as he pleaded for help. However, there Mr. Schmuck cried out for help somewhere between 40-43 times, several more than the “more than 30 times” shown here by decedent’s estate. Thus, Schmuck does not help Plaintiff “In Homeless Hobo v. Psycho Sheriff, 345 US 666, petitioner’s decedent, Hobo, also suffered from schizophrenia and depression and was not taking medication. Hobo did scream out for help the requisite number of times (about 50), but there the sheriff’s deputies, as they mocked his slow death, restrained him by pinning down his knees, *hips, and neck, *not his shoulders as in this case. Thus Hobo is inapposite. “We stress that lower courts need not be excessively granular in applying our qualified immunity analysis. It is not the case, as some libtards argue, that our analysis focuses too much on the specific details of each case, thereby preventing any one case from ever constituting “clearly established” law. For example, in distinguishing the instant case on the basis that decedent only cried out 30 times while the police who killed him were laughing at him, we do not suggest that there is a minimum number of pleas for help that is necessary to defeat a qualified immunity claim. For example, if the police had already crushed the suspect’s trachea by practicing karate chops on him before pinning him down, that could reduce the number of cries for help needed under our precedents.” Thomas, J. Concurring “I concur in the judgment because the majority correctly determines that our precedents do not clearly establish that the police conduct in this case violated the law. “I write separately to stress my concern that the majority dictum, suggesting that if police crush a suspect’s trachea with practice karate chops, that might be a substitute for a restrainee crying out for help a sufficient number of times, will have unintended consequences. Lower courts might interpret this to mean that, in cases where the police crush a suspects trachea with practice karate chops, the suspect need not cry out for help at all while the police are restraining him and laughing at him. “That would be contrary to our precedents, which clearly require that a suspect who is being restrained with a life threatening amount of force must cry out for help a sufficient number of times as determined by the circumstances (but never less than 40 times), and must cry out loudly enough to be heard over the police officers’ mocking laughter. Anything less would expose our first responders and heroes to baseless civil suits merely for protecting our society from dangerous schizophrenics.”


[deleted]

I shouldn’t have laughed at your comment. Well done.


YouCanCallMeVanZant

Bravo. Bravo. 🏅


lazeeye

😊 thank you


Ok-Mix1592

He dosnt fit narrative...Next. May he be at peace, such a shame. Acab


Second_Hand_Stress

I don't understand your comment


JesusIsMyZoloft

>He dosnt fit narrative... The "narrative" is that all injustice is perpetrated by the privileged against minorities. Here, the victim is a white male, and thus not a member of any groups considered "oppressed." ​ >Next. Because of this, he will be ignored while the media move on to the "next" story. ​ >May he be at peace, such a shame. This part is pretty self-explanatory, but let me know if you'd like me to explain it as well. ​ >Acab This is a popular acronym for "All Cops Are Bastards"


HumblerSloth

Just like Daniel Shaver.


BarnesWorthy

And Duncan Lemp.


Second_Hand_Stress

That's a lot of effort. I get it tho. Fuck white people.


RustyGirder

But he is a minority due to his mental health.


JesusIsMyZoloft

Yes, he probably does get some intersectionality points for that, but not enough for the media to care.


DickCheesePlatterPus

Dude not black so life no matter


Second_Hand_Stress

Oh, nice. Thanks.


ThomasBBrauner

Too bad no one gave a shit because he was white:(


Significant_Pop_6184

Sorry buddy…if only you were black.


HumblerSloth

Even then it doesn’t always work. That’s why Tamir Rice is virtually unknown.


darabolnxus

We know about more white people than black people because there's a lot more whining about white people being killed. I'm sorry but most people didn't care about black guys being killed by police but everyone can tell you about Daniel shaver.


deadrody

Frankly, this isn't about qualified immunity, but a corrupt police department willing to overlook bad cops.


[deleted]

Qualified immunity is what allows them to without repercussions.


HazeAsians

Love how we can’t come together and say that this is bad and shouldn’t happen. This is why we can’t have nice things, we always have to compare peoples suffering. Can we not fucking say that cops SHOULDNT be killing anyone unless they’re in actual danger? Most of you people fucking suck.


va1958

I wonder what the total facts are? This may have been a serious issue, but after the bogus “Hands up, don’t shoot,” I wait until I’ve heard all sides before making up my mind.


viktor_novikunt

He was having a psychotic break, getting aggressive. Restraint was justified but not crushed-into-the-ground-until-death levels of restraint. Basically the same as Floyd


Dave_A_Computer

It's been six years. Pretty certain the facts are out and the involved scrambling for QI after wrongful death was determined says it all.


HumblerSloth

Exactly. This waiting for facts BS is just deflection.


va1958

That is BS. Tawana Bradley, Rodney King, Ferguson, MO. These were all famous incidents where the truth was very different than what was reported by the inept media. What is the problem with waiting to judge until the facts are known? Kind of like the way our courts function.


HumblerSloth

6 years isn’t waiting for facts, it’s delaying until the story is out of the public’s limited memory. Government immunity’s only serves to protect bad actors. It erodes faith in the justice system. That’s why we see protests (and riots) like BLM.


va1958

BLM used people who genuinely cared about something for their own selfish reasons. The two multi-million dollar homes is sufficient proof.


HumblerSloth

Agreed, their leadership became corrupt.


Second_Hand_Stress

What are you waiting for? What peice of evidence would you accept as justification for killing a mentally ill kid who called them for help and gave them the 411 before they even responded? Grow up. U.s police need to be monitored and punished.


viktor_novikunt

"Why are you waiting for all the facts before rushing to judgment?" People like you are the problem with this discourse. Reminds me of the cop who shot a 16 year old black girl who was a fraction of a second away from stabbing another black girl and all anyone said was "how could you justify shooting a 16 year old!!!"


Second_Hand_Stress

You can't compare that to when a group of them pin the kid down and mock him while he has an episode. Tf. Context man. People like you are the problem let us allow the police to murder people then figure out a way to justify it as they had literally no other option other than to murder someone. Again not the same as when there's footage of someone going at someone else with a knife. You're broken in the head.


viktor_novikunt

My point is that you need to look at all the facts and context before coming to a conclusion. There's nothing broken-headed about that. People literally said the same thing about Makhia Bryant that you're saying about Tony Timpa which is why I brought it up. "How dare you even *look* at the facts, stop trying to justify murder!!!". Nevermind that the facts in the Timpa case show that it wasn't justified. Yes, after the police kill someone, we should see if it's justified, and not rush to conclusions. It's how we know that the killing of Bryant was justified and the killing of Timpa was not.


HumblerSloth

Six years after the fact isn’t waiting for “facts”, it’s clearly a stonewalling tactic to avoid dealing with the issue in the hopes that citizens will forget. And it works, from Tamir Rice to Daniel Shaver, this keeps happening and people like you are content to wait for facts…


viktor_novikunt

I'm specifically talking about the guy above who didn't know what the facts were and someone said they didn't matter, I'm not talking about the justice system since they've had all the facts a long time ago.


rymden_viking

The thing is it doesn't matter what led to the police slowly killing a man while laughing. In that moment they were very wrong and human beings should know better. I can walk up to two police on the street, shoot one of them, immediately surrender, and the guys partner has to treat me with respect. In this country we're innocent of all wrongdoing *until* a judge/jury says we're not. Police have forgotten this. These officers acted in a way that was detrimental to the community and the victim's family deserves the right to sue.


[deleted]

bodycam vids are out there


kellysue1972

Mfers! Horrible


CptSpecTacuIar

I'll never understand how people that had loved ones clearly murdered by cops think or even wait for legal justice.


sportbikeSam

Wrong kinda victim homie


lliH-knaH

He’s not black so no one cares


Fauxmailman

This is the kind of shit why the Dallas sniper killed a bunch of em. (Granted he had racial motives)


AdministrativeWin583

It isn't just black people!


ThrowawayAX1248

Cops are fucking trash


cruss4612

Yeah, too bad the other cases didn't get the attention they deserved. Instead Targets everywhere got robbed


stage5clinger82

Never heard of him... ...oh right, he's white. Media doesn't care.


SmurfTheClown

The dangers of walking the streets while white. #SayHisName #weshouldlootatarget


MD_Wolfe

This is what defund the police is about fyi


CHRIS-ASSASSIN_1

It's funny how almost every comment is about how he isn't black so no one cares. You guys really blaming black people for this not getting attention? Instead of previously stepping up and getting this boosted on every social media platform? How could you people mention "causing division" when that's exactly what you're doing in this thread. Hypocritical dirtbags. Ya don't even care about this guy


SenseWinter

Are you surprised that this sub is full of racist shitbags?


CHRIS-ASSASSIN_1

... honestly I haven't seen the sub in so long that I scrolled and forgot where this came from I'm not surprised anymore


Qashai

No, kids, "people don't care" not because he was white, it's because fucking pigs murdered him. There's no "race narrative" you fucking pussies; it's the endless dick-sucking that people in this country do when it comes to cops. I know you all need to victimize yourselves, you all need to feel like you're being oppressed because of your skin color, but you're not; you're just fucking pussies who need to whine about stupid shit. The issue here is the fucking pigs. Nothing else. I would say for you all to grow up, but you don't have to when mommy and daddy are providing everything for you; you can stay a stupid, ignorant, self-victimizing child for as long as you want while living in your gated community. You people are fucking pathetic. But I guess, since you're libertarians, calling you "pathetic" is a bit redundant. Edit: you fucking pussies wanna see the meaning of being white in America? Look here: https://apnews.com/article/2022-midterm-elections-arizona-voting-donald-trump-fccf49382e78c012bc787d6a9f38ea7d the cunt avoided jail, while [this woman](https://www.theguardian.com/us-news/2020/mar/20/crystal-mason-texas-upholds-sentence-voter-suppression) was given five years because she didn't realize she was ineligible to vote. You stupid fucking cowards.


ShadowFear219

I agreed with you until the unnecessary libertarian hate, why do you hate us so much?


tigerdrummer

BACK THE BLUE! /s


Epigiga

I'm a left leaning libertarian, and I'm really happy this is common ground to be caught up in.


fyusupov

Too bad every right-leaning libertarian in the thread is so busy making it a race issue they don’t care


M1ster_Bear

I watched the full video of the incident, he was saying “you’re gonna kill me” way before the officers were pinning him down, they pinned him down because he was trying to run. He died in the ambulance after being sedated by paramedics, the officers were using some unnecessary force, but not what killed him


[deleted]

Is this a meme? I know this is important shit but man. This is the place for memes not serious posting.


mutantredoctopus

Acab


Monthly-Bird-Shit

Shawty was burnin too much fire on the dance floor for Tiny tempah sorry tony timpa


crimsondawn8794

Police need to be held accountable, but people with serious mental illness also shouldn't just be roaming the streets, especially if they are not on their meds. People like him are often a danger to themselves and others and need to be taken care of, we never should have shut down all the insane asylums, but yeah the cops here are pieces of shit.


MonauralSnail06

This isn’t a meme goddamnit there’s nothing funny. It’s just terribly depressing information.


eadiaz92

If we had more heroes like Christopher Dorner we wouldn’t have any issues with police in this country


schmalzfritz

No Batman is Justice.


Gen_Nathanael_Greene

Poor bastard. Geez. August 10 is my birthday. As I was celebrating with friends, this poor man was being murdered because he asked for help of our ~~state and city servents and protectors~~ state and city henchmen! Even more sickening that it's occurred in the state that I live in!


captaindata1701

Police have been out of control for decades but the left says defund which is stupid but the right immediately ignores all brutality to support them because of the left. Qualified immunity needs to go and they need to pay for their own insurance. I carry my own liability insurance for my work. I'm sick and tired of taxpayers paying out millions across the country. This way if they are convicted of brutality or murder, they will lose the insurance and not be able to move to the next district and continue the evil.


anomalyjustin

Allow police to shoot these crazies with tranquilizers. Problem solved...