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by smitty1110 505 days ago
You need Congress to make clear, explicit changes to laws on the subject. Not just to add additional restrictions, but to make changes to liability. Right now, a lot of violations will get chastised in court, but the officials responsible will face no consequences due to qualified immunity.

I don't claim to know what the right was to address this situation is, this is a thorny legal issue, but someone needs to think through options and consequences.

1 comments

Remove the concept of qualified immunity (which has no congress-passed law creating it as a concept) and replace its utility against spurious prosecution with a blanket mens rea requirement for individual blame for regulatory offenses in an official capacity.