Something wonderful just happened with Qualified Immunity

What do you do when judges finally admit that judges created qualified immunity out of thin air?

In March, something wonderful happened in Mississippi.

Fifth Circuit judges ruled that qualified immunity doesn’t protect a Jackson police detective who wrongly arrested an innocent man.

Remember, qualified immunity is the judicially created doctrine that says police and other government officials cannot be sued for the harm they do while performing their jobs.

It’s certainly good news that qualified immunity has been denied in one case, but…

The really great news is something extra!

Judge Don R. Willett wrote, in a 2-1 decision, “We readily acknowledge the legal, social, and practical defects of the judicially contrived qualified immunity doctrine, but we are powerless to scrap it … [as] middle-management circuit judges.”

Do you realize how incredible that is? A majority of judges in the 5th Circuit Court of Appeals admit qualified immunity…

• Is defective.
• Is judicially-invented.
• Has no basis in laws passed by Congress.

This is huge! Please note that the opinion also says that appeals court judges are “middle managers” in the judicial branch. They can only address qualified immunity case-by-case. They cannot eliminate it.

So who can end it?

The Supreme Court could rule qualified immunity unconstitutional. We’ll keep our eyes open for amicus opportunities.

Congress could pass a law making it illegal for courts to employ the doctrine of qualified immunity. And…

You could compel Congress to take action on this issue.

The way you do your part is by becoming one of The 300 (in your district) to have Congress outlaw qualified immunity.

The 300 will visit your local reps in waves, pushing to outlaw qualified immunity. You won’t start lobbying until we have all 300 people recruited. That way, you know your work will bear fruit. There will be enough people doing it with you to ensure success.

 

Permanently End Qualified Immunity

Set your own agenda,

Jim Babka, President
Agenda Setters by Downsize DC

Today’s Action: End Qualified Immunity by Joining The 300