Joanna Schwartz, a Professor of Law at UCLA, discusses the history and impact of qualified immunity, highlighting cases of police misconduct shielded by this doctrine. The podcast challenges the necessity of qualified immunity, explores asset seizure loopholes, and addresses the barriers in seeking justice for police misconduct cases.
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Quick takeaways
Qualified immunity shields police from civil liability, sparking debates on reform.
Challenges in proving violations, biases in enforcement, and legal hurdles hinder accountability.
Systemic barriers go beyond qualified immunity, requiring advocacy for police accountability and reform.
Deep dives
Qualified Immunity: Understanding the Controversial Legal Protection
Qualified immunity, a legal protection shielding officers from civil liability, has come under scrutiny. Colorado and New Mexico passed laws eliminating qualified immunity. Cases like Taylor vs. Riojas and Hope vs. Peltzer highlighted constitutional violations and the need for reform. Despite myths about bankrupting officers and less vigorous law enforcement, data from implemented changes in Colorado and New Mexico show no evidence of such outcomes.
Challenges Beyond Qualified Immunity in Police Misconduct Cases
Proving a constitutional violation, drafting a complaint with limited understanding, and addressing local government responsibilities pose hurdles. Prejudices by judges, juries, and difficulties ensuring awarded dollars impact department practices compound the barriers to successful outcomes in police misconduct cases.
The Impact of Legal Barriers on Seeking Accountability
In addition to the complex legal defense of qualified immunity, various shields impede accountability. Overcoming biases, connecting local governments to officer conduct, and ensuring legal awards alter departmental practices are essential challenges for those seeking justice in police misconduct cases.
Addressing Systemic Barriers in Seeking Redress for Civil Rights Violations
Systemic legal obstacles beyond qualified immunity hinder victims seeking redress for civil rights violations. Understanding and dismantling these barriers is crucial to achieving accountability and justice for victims of police misconduct cases.
Advocacy and Activism for Police Accountability and Reforms
Advocacy, activism, and legislative action are essential in demanding police accountability and reform. Scholars like Professor Joanna Schwartz shed light on legal barriers and inspire efforts to challenge systemic injustices and promote accountability in the criminal justice system.
Qualified Immunity is insane. It's one of several ways that police evade accountability for truly monstrous acts. As unpleasant as that is, we're fortunate to have an amazing guest to take us through the history of it, as well as a new case that may be cause for optimism!
From her UCLA Law bio: Joanna Schwartz is Professor of Law at UCLA School of Law and the Faculty Director of the David J. Epstein Program in Public Interest Law and Policy. She teaches Civil Procedure and a variety of courses on police accountability and public interest lawyering. She received UCLA's Distinguished Teaching Award in 2015, and served as Vice Dean for Faculty Development from 2017-2019.