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Qualafied immunity is the cornerstone of a functioning democracy. People who advocate for its elimination only know about it from the negative context and don't fully understand its value.

For example say a rich person murders their partner. The cops show up and the killer says "if you arrest me I will drag all of you into court personally for years to come and bankrupt your families." Without QI the officers need to make a decision if justice is worth the risk of personal loss.

Or if a rich person wants to build a new deck which is denied a permit, QI is what prevents them from personally dragging everyone involved to court personally.

QI does not eliminate personal liability when a crime has been committed. If an officer shoots someone and is charged criminally, they can then be sued personally.



> Qualafied immunity is the cornerstone of a functioning democracy.

I take it you believe the US became a functioning democracy in 1967, then?

That's when Pierson v. Ray was decided and QI was invented.

https://en.wikipedia.org/wiki/Pierson_v._Ray


Without getting into a longwinded discussion of specifics, QI as a concept within the legal system has existed for quite a long time. The case you cite is where it was codified into an explict short-circuit that prevented the cases from being filed in the first place.


No, please - name cases you're thinking of. I am extremely curious about what you'll cite.

Because there was a specific reason QI came to be, and it was not a matter of a long-established doctrine being formalized.

I'll wait.


https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3680714# and then click on view PDF. I don't think I can deep link to it directly.

Should give you a good context and background going back to the 1800s.


Why isn't this a major issue in any other functioning democracy?


Because other democracies tend to have functioning police oversight and populations that are not openly hostile to the police. QI is actually rooted in English common law, so similar concepts exist in other countries that also adopted the system.


But aren't you using literally the same logic?


> QI is what prevents them from personally dragging everyone involved to court personally.

No it doesn't. The case will get thrown out on some other grounds when the officials sends in their report on why the permit was denied. Likewise, not responding to the lawsuit could result in a default judgement regardless of QI.

We can keep frivolous lawsuits by people pissed off with bureaucracy from happening while also allowing government officials to be sued for the actual economic damages they inflict on people.


Ah yes, the classic someone will abuse it, so we'll make it illegal! By that same logic, we could just make it illegal to be rich, so no rich people are around to abuse the lawsuits -- checkmate!




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