The Twisted, Perverted Concept of Qualified Immunity. A Proverbial "Get Out of Jail Free Card" for Law Enforcement. Examining its Historical Background & Original Intent. Protecting & Shielding the Bad Apples Even When They Break the Law.

Welcome to this probing, brand-new, fact filled episode of Light ‘Em Up.

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We hear so much talk about the topic of Qualified Immunity — but few really know what it is and what it consists of in much detail.  THIS episode will put to bed ALL of those questions.

Bringing a §1983 Civil Rights lawsuit against any government entity is not an easy task to accomplish.

Qualified immunity is a judicially crafted legal doctrine and concept created by the U.S. Supreme Court in the case of Pierson v Ray in 1967.

The doctrine was created to protect government officials, particularly law enforcement officers, from frivolous lawsuits and financial liability when they acted in good faith in legally unclear situations.

We discuss the requirement (as the law states) that there must be a constitutional violation that infringed upon the rights of a person that was “clearly established” at the time it was committed.

Many legal scholars argue that qualified immunity has no legal basis and is not grounded in the text or history of the relevant statutes at 42 U.S. Section 1983.  Many argue that the doctrine signals a retreat from the protections afforded to Black victims of racial terror by the Civil Rights Act of 1871 (also known as the Ku Klux Klan Act).

Several of our guests on Light ‘Em Up have run face first into the stone-cold, hard truths and effects of qualified immunity.

—      As a case study we’ll examine the fact pattern in a case called Betts v Brennan whereby an officer was sued for using his taser on a non-compliant motorist.

—      We examine and amplify on the historic background of the concept of qualified immunity.

—      Drilling down on the original intent, pro’s/con’s and purposes of the law.

—      Search out how this doctrine, for lack of a better description, has become “twisted and perverted”, providing what for all intents and purposes is a never-ending “get out of jail free card” to members of law enforcement (and other governmental agents) — even when they violate the law.

We share inconvenient truths how qualified immunity (as it has been regularly implemented):

—      erodes justice and public trust

—     blocks accountability

—     sets an unreasonably high legal barrier

—     serves to further injure those who have already been injured — as victims must identify a near-identical precedent, meaning they have to cite a similar case that a prior victim experienced to challenge misconduct, as we mentioned, an often “insurmountable legal hurdle”.

As education is always a foundational pillar of Light ‘Em Up, we introduce you to the concept of Respondeat superior:  A legal doctrine and Latin term that literally means, “let the master respond”.

It holds employers liable for the actions of their employees — which is also known as vicarious liability.

And we empower you with six of the Supreme Court’s landmark decisions that have further defined and carved out this judicial doctrine since its inception by the Warren Court.

This episode is jam-packed with rock-solid research and information regarding the legal concept of qualified immunity. After today, after tuning in, you will speak with authority about the topic — forever setting you head and shoulders above and apart from everyone else — who speak without knowing.

Tune in and be educated and empowered you with the facts, not fiction!

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