Published 08:08 IST, June 11th 2020
George Floyd Death: US Supreme Court reviews 'Qualified Immunity' for Police amid protests
Amid protests, the US Supreme Court is re-examining a legal doctrine that protects police and government officials from legal action over misconducts.
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As widespre protests over tragic death of George Floyd continues to grip United States, US Supreme Court is examining a legal doctrine that protects police and government officials from legal action over misconducts. doctrine is termed as "qualified immunity."
Qualified Immunity doctrine was developed by Supreme Court to dress two questions: First, did police use excessive force? and if y did, should y have kwn that ir act was illegal? as it violated a "clearly established" prior court ruling that barred such conduct.
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idea behind doctrine was to protect police from impractical lawsuits and allow some "breathing room" for ir mistakes that involve swift decisions that are me under tense and dangerous situations.
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SC calls for reviewing doctrine
Two judges at US Supreme Court have called for re-examining qualified immunity doctrine. Justice Sonia Sotomayor, considered as one of most liberal justices, has repeatedly disagreed when her colleagues have excused police misconduct in cases of police brutality, as per reports.
In one such argument, Justice Sonia Sotomayor said court ‘willingly’ reverses lower court orders, when y refuse to grant qualified immunity to police officers. In a contrasting statement, she wrote, court ‘rarely intervenes’ when lower courts wrongly grant qualified immunity to police officers. This ‘one-sided approach’ transforms doctrine into ‘an absolute shield for officers.’
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On or hand, Justice Clarence Thomas, one of more conservative members, has also called for reviewing qualified immunity doctrine stating that it was created by judges without any 'historical basis'.
legal battle over qualified immunity may w have reached an inflection point in United States after George Floyd's death in Minneapolis. Presently, re are eight qualified immunity cases pending before Supreme Court.
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George Floyd’s death
George Floyd, a 46-year-old African American man was arrested by local police for unspecified charges on May 26. A tussle broke out between George Floyd and police officials, which resulted in Floyd’s death after being subdued for several minutes by an officer. In a video that went viral on internet, officer was seen pressing his knee against Floyd's neck who was seen gasping for air before turning motionless.
George Floyd's death has triggered mass unrest in various parts of US. As per reports, police officer Derek Chauvin and three or officers - Thomas Lane, Tou Thao, and J Alexander Kueng - were later fired by Minneapolis Police Department. Chauvin has been charged with third-degree murder and second-degree manslaughter.
08:08 IST, June 11th 2020