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Let’s face it – judges have been ruling from the bench since Marbury. And no one has lifted a finger to stop them…because why? The Federal elected and Federal bench all get paid out of the same kitty. Sadly, it is going to get to a point that the only way to right this ship is to physically rid ourselves of a lot of the offending “classes.” I don’t think qualified immunity is judge made law. I think it derives from English Common Law which has been with us for over 300 years. The general rule is “The King Can Do No Wrong.” That has been modified. The courts have changed it from absolute immunity to qualified immunity. The courts have opened opportunities to sue police officers when, at common law, that right didn’t exist. Here is a direct quote from a Minnesota Supreme Court Case. ‘The common law provides that “a public official charged by law with duties which call for the exercise of his judgment or discretion is not personally liable to an individual for damages unless he is guilty of a willful or malicious wrong.”‘ Since the source is the common law, we cannot say this law was made up recently by a judicial activist. Rather this court followed long established principles of law. It is a good legal principle to follow. It has been time tested for hundreds of years.
Moronic. Why would any right minded police officer put himself or herself into harms way with the added bonus that the public and anti-police politicians can choose to Monday morning quarterback split second decisions and jail you for your efforts. please find a non-prejudiced jury in Baltimore, New York City, San Francisco or half of the other left wing cities. Literally doing your job would be a roll of the dice on a daily basis. The old saying that we get the government that we deserve is about to be fully realized. All of the police haters will be shocked when law and order ceases to exist.