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The Long Road to a Police-Reform Compromise

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11.06.2021

Politico reports that Senators Tim Scott and Cory Booker are further from working things out than some hoped. The publication also got hold of a draft of the bill the two are writing with a small group of others.

One of the major issues the bill touches on is “qualified immunity.” I went into the gory details of that underlying debate here, but basically: Federal law allows Americans to sue government officials who violate their rights, but the courts have ruled that police are immune to such suits unless their conduct violated “clearly established law.” Over time, this standard has become ridiculously demanding, to the point that anyone suing an officer has to show that a previous case involved exactly the same facts and the cop’s behavior was found unconstitutional.

There’s a clear case for coming up with a new standard — and for........

© National Review


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