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by Retric
2949 days ago
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Qualified immunity is what allows members of the government to do things that would otherwise be illegal for regular people. It's directly the mechanism and law you are asking for. Police officers are given qualified immunity when using force as part of their duties including acts such as arresting people. But, one of the limits is what local procedures are, so doing a 120 MPH care chase is not universally ok. Police chases are directly part of the arrest process and use of force. In this case it's mostly one of discretion, where police are allowed to both make the call and actually act. More specifically, in most states only police are allowed to use blue lights on top of their cars with a few state specific exceptions. https://en.wikipedia.org/wiki/Emergency_vehicle_lighting#Uni... Further, trying to escape after those lights are on is illegal, so again they are given access to tools and techniques including use of force that are not available to regular people. I am not sure what specifically you want, and suspect the issue is you don't really understand how our legal system works in practice. |
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> Qualified immunity is what allows members of the government to do things that would otherwise be illegal for regular people
Holy shit. Are you serious? That's your summary of qualified immunity?
You are just completely, absurdly, absolutely incorrect here. The "qualified" in qualified immunity means that the conduct in question doesn't violate clearly established law. So you have it exactly backwards.
And even if you were right, qualified immunity is a civil concept. It is wholly unrelated to the matter of the amount of force that otherwise constitutes a criminal violation when effecting an arrest.
It is also not "a law" (you have said it's "the law" that I'm looking for), it's a legal doctrine regarding the confines of liability under section 1983.
> I am not sure what specifically you want
It's exceedingly simple. I want an example of a state which, on a statutory basis, permits different levels of force for the purpose of effecting an arrest for police in contrast to other citizens. That's what GP said existed. I don't think it does exist. So that's what I'm asking for.