Disallow qualified immunity.
But
a) limit monetary damages.
b) make a sliding scale of damages according to the right trampled on
c) make the law that each and every person in the chain of command, pays a fine themselves, which is some significant fraction of the amount assessed against the person who violated the rights.
Totally fictitious example.
Policeman X reports to Sergeant Y reports to Lieutenant Z reports to Chief A reports to Commissioner B reports to the Mayor.
Policeman X gets sexual favors out of a drunk college girl to keep from locking her up for drunk driving on Spring Break. This is pretty bad, but no actual force was used, only threats.
Say the fine is $15,000. This comes out of the cop's own pocket.
The Sergeant has to pay 80% of that (he's closest to the beat cop and should know how to train them). $12k out of his pocket.
The Lieutenant, doesn't see all the beat cops so often, but should know how much training emphasized "we don't DO that here, this isn't New Jersey" or whatever. 2/3 of the original amount or $10k out of his pocket.
The Chief, well, he's responsible for implementing policy. 1/2 of the original amount or $7500.
The Commish -- well, he sets overall policy and has a say in staffing standards. 1/3 of the original amount or $5000.
"But isn't that UNFAIR?" you ask. "The poor beat cop can LEAST afford it."
Well, yes, except for one little thing.
The beat cop is the one who can decide to intimidate the college girl, or do the paperwork and then go home and read a Victoria's Secret catalog. If he does the right thing, none of this happens.
And, the further up the ladder you go, the more chances you have of getting dinged if the people below you screw up: it creates great incentives to tell your underlings to clean up their act.
Oh yeah, almost forgot.
This can't be done by an internal review board. Maybe it has to be a mandatory Civil Jury Trial.
Just brainstorming here, folks.
Are you kidding me? That cop should go to jail, that sexual harrassment/rape. And he just broke all sorts of laws and policies. He could already be sued in civil court too for those types of things. He’s not immune for consequences for breaking the law-just consequences for legitimately trying to enforce the law.
Very different from following what an officer mistakenly thinks is the law, because of a Governor’s edict in a declared emergency, but at least it gets some of the rest of the gang in on it.
But at present, it’s my opinion, that the Governors and Mayors ought to be sued out the ying yang for violating their oaths and their citizens civil rights. So exploring some method to end their immunity — go ahead and brainstorm.
However, I am DONE with the issue, 100s of other stuff to research and chores to do. Reached my limit here. Take me off the discussion list-Please.
Disallow qualified immunity.
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Forgot to say that’s kinda what got this discussion going to begin with.
GA is adding something else that I consider more than fair in another bill. It allows first responders to sue those who file false claims. Fair is fair.