Chris Kemmitt@ChrisKemmitt: Qualified immunity strikes again: the 6th Circuit ruled that police

[BeckyDem]

Link to tweet

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An important thread exposing the outrageous deference to police overreach and violence. Yes, this ruling happened in America.

[tblue37]

1. K&R for visibility. nt

[SheltieLover]

2. K&R!

🤬🤬🤬🤬🤬🤬

[ProfessorGAC]

3. They Came On His Property...

...punched him, arrested him, and it's his fault?
Stacking the court with Federalist approved judges gets us this.

[The Magistrate]

4. Sounds Like A Cop and Some Judges Need An Attitude Adjustment, Sir

There will be a reckoning for this sort of thing....

[samsingh]

5. Unnerving but not surprising

There should be outrage anytime this happens at a national level.

This is not acceptable.

[barbtries]

6. also a nod

to what is clearly racism.

[WhiskeyGrinder]

7. FTP.

[uponit7771]

8. Love to read the decision here, the cops had no "reasonable suspicion" after Howse said he lived

... there

[BeckyDem]

9. I'll try and find it for you.

[uponit7771]

10. Thx, I found a link (inside) but I don't see how they didn't come down on Howse side

https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0083p-06.pdf

[BeckyDem]

11. Oh good. A strained effort I am sure brought that ruling. grrrrr

[uponit7771]

12. I don't know if that's the right ruling though, is it?

[BeckyDem]

13. Not sure which link you are reading from but this should be it?

https://law.justia.com/cases/federal/appellate-courts/ca6/19-3418/19-3418-2020-03-18.html

[uponit7771]

14. Their bullshit ruling swings on Howe's admitting (which I doubt he technically did) he stiffened up

... his body and screamed at the top of his lungs to claim there was probable cause for arrest due to obstruction of justice.

That's asinine

Here, Howse himself admitted that he tried to make it more difficult for the officers to arrest him by stiffening up his body and screaming at the top of his lungs.

This is their bases for obstruction of justice but I never read in the ruling that there was a reasonable suspicion to begin with other than "qualified immunity" and I don't know what this means

Fourth Amendment—Excessive Force. Howse first argues that Hodous and Middaugh violated the Fourth Amendment when they stopped him without reasonable suspicion and used excessive force during his arrest. In response, the officers ask for qualified immunity.

Qualified immunity shields law enforcement officers from civil liability unless the officers (1) violated a statutory or constitutional right and (2) the unlawfulness of their conduct was clearly established at the time. District of Columbia v. Wesby, 138 S. Ct. 577, 589 (2018). Howse must show that both prongs are met here. Maben v. Thelen, 887 F.3d 252, 269 (6th Cir.
2018)

[BeckyDem]

15. +1 Also, reading it through, the deference to police experience as a means to trust his

assessment of the situation is bullshit. I was like what??? Why should that be a given? Experience means he has been a cop for a long time, that's it.

[uponit7771]

18. Shit ... that's more room for a cop to say in my experience because the way the black guy was ...

... dressed that he shouldn't be driving that car or some shit.

They can give multiple "experience" accounts to justify reasonable suspicion that involve all kinds of shit innate to humans.

Damn ..

These judges are overtly over privileged people.

Is there room for this ruling to be appealed?

thx in advance

[BeckyDem]

19. Exactly. Btw, they filed yesterday.

Our en banc petition urges the Court to reconsider their decision. Qualified immunity removes accountability from police and far too often allows officers to disregard standards set in place to protect people’s basic rights.

Read the petition here.

https://www.naacpldf.org/press-release/ldf-files-en-banc-petition-in-case-challenging-qualified-immunity/

[uponit7771]

20. Do you work for NAACP? If so nice !!! Thx for this info. My niece was going to go into ...

... criminal justice as a PD but I don't think she could take the injustices.

I know I couldn't, the CJ in this country drives me nuts

[BeckyDem]

21. No, I don't but I do follow pretty closely what they do.

Without them people of color are screwed. But I agree with your niece, you need a strong stomach to see the injustice up close.

[uponit7771]

22. 👍

[BeckyDem]

23. Back at ya.

[NewJeffCT]

16. one of the biggest reasons to flip the White House and Senate

in the fall

[BeckyDem]

17. Yes!