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this post was submitted on 24 Dec 2023
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Immunity isn't in the constitution for anyone. The supreme court just made it up at one point to try and keep themselves from being sued. I assume that's what they're appealing with here. No one knows how it works because, again, they just made it up.
Lots of immunities are in the Constitution. Others are part of the legal framework upon which the Constitution relies. And others were made up whole cloth from an incorrect reading of history (such as the special immunity conferred to LEO commonly referred to as “qualified immunity”).
Qualified immunity is among the worst things that has ever happened to this country. Maybe even worse than ruling that corporations are people but can't be given the same consequences that people are given because they're corporations with lots of money. Excuse me, I mean lots of freedom of expression.
Yeah, QI is pretty awful. The awfulness is compounded by the fact that the reasoning which created it relied upon ahistorical information and in places where it actually makes sense for some level of immunity to be available, that immunity is covered by other principles.
Any immunity that police require should be covered by Good Samaritan laws.