By Radley Balko
A couple weeks ago, Nathan Burney drew up a cartoon for The Watch that explained the concept of qualified immunity. This is the protection given to state employees, including police, from lawsuits alleging violations of constitutional rights. Before even getting in front of a jury, a plaintiff must not only show that his rights were violated, but that a reasonable person in the public employee’s position should have known that the actions in question were in violation of the Constitution. It’s a tough hurdle to overcome. And even then, the plaintiff could still fail to persuade a jury.
A couple recent appeals court decisions demonstrate just how difficult it can be for a victim to win compensation. Read More »