Tucker Carlson Tonight is the one media opinion show I’ll watch. He is good about covering stories that nobody else in the media will.
That doesn’t mean I agree with everything he says, and for the last few days he’s been on a tear about Republicans who want to help revise the law on qualified immunity.
Tucker’s accusation is that they are closet Leftists or have been compromised by Koch Brothers’ money.
I don’t know about those politicians specifically, but I know that I have never taken a dime from the Koch Brothers and am not a closet Leftist and I want to revise qualified immunity. My friends are generally not Leftists and they haven’t taken Koch Brothers’ money either, and they also are against qualified immunity.
I understand the point Tucker is trying to make about qualified immunity protecting officers who have to make tough decisions in the heat of the moment. I also understand that qualified immunity doesn’t attach in criminal acts.
The problem is that there is a wide area in between these two scenarios where qualified immunity overprotects officers who have engaged in what can only be described as gross negligence.
Let’s start with the case of Leo Lech. An armed shoplifter broke into his house and barricaded it against the police. SWAT was called in and after a 19-hour stand-off, the SWAT raid did so much damage to the house that it was condemned and destroyed. The damage was valued at $580,000 but insurance only paid $345,000, leaving Lech with $235,000 in uncovered damages. He sued the police and lost.
In Georgia, an officer tossed a flashbang into a crib critically injuring a baby’s face and blowing a hole in his chest. While the family settled with police, the officer who threw the grenade was acquitted and protected by qualified immunity.
I wrote about the Swatting of Andrew Finch before. A jumpy officer shot finch at a distance of 35-40 yards with an AR-15 across four lanes of traffic a sidewalk and a front yard in the dark. Multiple officers were screaming multiple directions without a loudspeaker at that same distance when the officer who had a bad view of the situation fired a shot in a clusterfuck of confusion failed command and control. That officer was not charged and qualified immunity was attached.
The shooting of Breonna Taylor in Kentucky is another cluster fuck. She was shot eight times by plainclothes police conducting a no-knock raid at 1:00 am. Her boyfriend thought their place was being broken into and defended himself with a handgun. He was shot and Breonna was killed. Let me repeat, a no-knock raid by plainclothes officers at 1:00 am. Anyone of us would have looked at three guys in civilian clothes kicking in our door as a home invasion.
Radley Balko of the Cato Institute has covered just how often police engage in no-knock raids and get the address wrong and shoot up innocent people. The LAPD even has a special team to deal with these sorts of fuck-ups.
I believe that qualified immunity should not protect gross negligence.
As a PE, if I make a mistake of gross negligence and people get hurt or die, I will get sued and perhaps go to jail.
If your surgeon drops some piece of medical equipment on the floor, picks it up, says “five-second rule,” and puts it in you, and you die of an infection, he is personally liable.
Professional law enforcement should do due diligence before a raid and make sure that they get the address right and know if there are kids in the house before throwing stun grenades at babies, shooting innocent people, and burning the house down.
Police shouldn’t get a mulligan for killing someone because they went off half-cocked.
I don’t believe qualified immunity should protect “We shot up apartment 9b instead of 9d, oops.”
It’s not unreasonable to hold officers to a standard of professionalism that we ask other professionals to be held to, namely being personally responsible for major, life-ending fuckups due to carelessness or negligence.
That doesn’t make me some sort of closet socialist that wants to abolish the police. It makes me someone who doesn’t want to die because some officer didn’t pay attention to the number on the mailbox before taking a battering ram to my door instead of my neighbors.
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