Bill to strip qualified immunity from police clears Va. House on re-vote, heads to Senate

[StrictlyRockers]

Source: Virginia Mercury

The Virginia House of Delegates narrowly passed legislation Tuesday rolling back qualified immunity as a defense against lawsuits alleging police misconduct, reviving the measure just four days after voting it down.

The bill, which now heads to the Senate, has followed a rocky path through the General Assembly and it’s the second time lawmakers in the House have resurrected the measure after initially rejecting it.

Two lawmakers changed their positions between Friday and Tuesday: Dels. Kaye Kory and Ibraheem Samirah, both Democrats from Fairfax.

Samirah chalked up his no-vote to a “miscalculation,” saying he had only voted against it because he believed it wasn’t going to pass and wanted to preserve the ability to ask for the bill to be reconsidered by voting on the prevailing side.


Read more: https://www.virginiamercury.com/2020/09/08/bill-to-strip-qualified-immunity-from-police-clears-va-house-on-re-vote-heads-to-senate/

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[oldsoftie]

1. I've long wanted this, but there MUST be some type of controls.

Some way to prevent a flood of bullshit lawsuits. You KNOW it would happen in many places.
I dont know how to do that, but thats what lawyers are for

[forgotmylogin]

5. I could see limiting it to cases where

A person is killed by a police officer.
A person is grievously injured or debilitated without reasonable chance of recovery due to specific actions by a police officer.

Especially when the victim is a bystander or not involved in the crime and was injured or killed in the process of law enforcement. Police need to be more careful and have their body-cams on during every encounter.

[procon]

2. Kinda flies in the face of justice if the police have

their own "I'm Above the Law" cards. Time for this to go.

[Roc2020]

3. Whoa. Really? Dixie?

my my. I'm sure as always the devil is in the details. But rather fascinating developments.

[FBaggins]

4. VA doesn't really have the power to do that. But they can come close

Qualified immunity is a federal doctrine created by the Supreme Court. Virginia can't undo that. What they can do is remove it insofar as an officer violates rights recognized in the state constitution and for actions brought in state courts.

[ancianita]

6. I hope other states' actions are similar to those of NY, where the AG can handle police

misconduct investigations.

[drray23]

7. would not that have the same effect anyway?

Most of the crimes the police commit such as battery, murder, assault. etc.. are state crimes. If this is lifted, they would be able to be sued for state crimes.

[melm00se]

8. I can see both sides

On the one hand, Police Departments shouldn't get a free pass for abusive behavior.

On the other hand, Police Departments shouldn't have to defend against every lawsuit raised especially if it is unwarranted.

Virginia may have to reap what they have sowed if this happens because the state could end up having to bail out localities who are bankrupted by legal costs even if they never lose a case.