Police Assault
If plain clothes police officers don’t identify themselves and try to grab an innocent man’s wallet, are they liable if they beat him up when he tries to run away? The victim didn’t know they were police officers because they didn’t identify themselves and bystanders called the police because they thought the victim was being mugged. The police officers were engaged in a case of mistaken identity, but they operated in such a way that no-one could differentiate them from criminals.
Police Impunity
Many people believe that qualified immunity grants police have “impunity” because qualified immunity blocks victims from getting their day in court and the government doesn’t have to explain itself. If the defendants were anyone other police, they would have to answer for their actions.
A Broken Social Contract
The American Dream carries with it the expectation of “liberty and justice for all.” More and more Americans are coming to believe that the powerful will act with impunity. This isn’t new in American history, but the blatant injustice is undermining American mythology among the formerly first-class white population.
QUESTIONS:
Should it be possible to hold police accountable if the police officer wrongly committed what would be considered a crime if performed by a civilian? Note: Police are shielded from legal liability by “qualified immunity.”
Should their be a remedy for every right?
Has their been an increase in impunity, or awareness of impunity, by those in power? How has awareness of this contributed to breakdown of the social contract?