Judge Willett on the ‘Kudzu-Like Creep of the Modern Immunity Regime’
Article from For Liberty by Norm Leahy.
Federal appeals court Judge Don Willett was long noted for his pithy and pointed opinions while a member of the Texas Supreme Court. He’s still writing opinions worth reading in full, including a 2018 dissent in a case about qualified immunity.
In that case:
[Dr.] Joseph Zadeh appeals the dismissal of his Section 1983 claim against several members of the Texas Medical Board who he claims violated his constitutional rights through a warrantless search of his office and medical records.
The appeals court said Dr. Zadeh’s rights were violated. But because of qualified immunity, there was no way to hold law enforcement officials accountable for their actions.
This obvious injustice prompted Willett to write an opinion condemning what he called the “kudzu-like creep of the modern immunity regime”:
To some observers, qualified immunity smacks of unqualified impunity, letting public officials duck consequences for bad behavior—no matter how palpably unreasonable—as long as they were the first to behave badly. Merely proving a constitutional deprivation doesn’t cut it; plaintiffs must cite functionally identical precedent that places the legal question “beyond debate” to “every” reasonable officer. Put differently, it’s immaterial that someone acts unconstitutionally if no prior case held such misconduct unlawful.
The Supreme Court has “long resisted” efforts to take a fresh look at qualified immunity. George Floyd’s videotaped murder may give them the not-so-gentle push to finally tackle the court-invented protection that, as Willett wrote, “smacks of unqualified impunity.”
Image Credit: Joe Ravi [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons
Yes qualified immunity does smack of “unqualified impunity”,
Qualified immunity is also what is allowing corrupt prosecutors and police to relentlessly withhold exculpatory evidence and convict innocent people across Ameirca.
How about unqualified professionals impunity? If they are not doing things correctly and in the best interests of those they serve, they should be held liable. I hope this went to the SC.
Those who deny individual rights cannot claim to be defenders of minorities. And, the smallest minority on earth is the individual.
What makes these folks so brazen? Sovereign Immunity! Eliminate Sovereign Immunity for all government employees. Let sovereign citizens pull them out from behind the curtain. Make the government, its agencies, its employees liable for their actions; just like the private sector must do. Citizens are the sovereigns and the government only operates under license from us. Its obvious that the ‘best and the brightest’ are not nearly as clever as they would have you believe. Eliminate Sovereign Immunity for all government employees. We don’t have a government, we have a sea-going rat-ship. The police state must be eliminated, we must eliminate gotcha government, The FBI must be dismantled. The CIA must be dismantled. The IRS must be dismantled. Its amazing that here we are, 244 years later, debating whether or not people can rule themselves as sovereigns. Perhaps even more amazing is that many vote for their own enslavement.
Is “qualified immunity” the reason RIOTERS ARE NOT SHOT ON SIGHT?
Is “qualified immunity” the reason corrupt politicians are NEVER HELD ACCOUNTABLE?
Is “qualified immunity” the reason BAD COPS are kept on the payroll, or ‘rehired’ after things cool down a bit?
Is “qualified immunity” the reason for 99% of all the evil government does in DIRECT VIOLATION of their Oath Of Office?
or…Is “qualified immunity” the EXCUSE BAD PEOPLE USE TO DO WHATEVER THEY WANT with absolutely no fear of ACCOUNTABILITY?
Murder is not immune and that cop should get 30 years in prison for what he did. The other three should get ten years.
Just like everything else that the democrats have their hands in, a potentially good cause is hijacked by communist agitators and turned into a lawless mega crime. To let a mob decide what justice is will end in a civil war. They are jacking up charges because of violence that they know damned well has nothing to do with the victim. Communists in the democrat party along with deep state one world government traitors, and hate filled brainwashed liberals is what drives this whole movement.
So in reality the Police and Politicians can never be charged with any crime. Because all cases are different so have never set a precedent. Makes one want join the club and Rob banks with impunity. THIS HAS TO STOP. THE LAW APPLIES TO EVERY PERSON IN THIS COUNTRY.NOT THROUGH COLOR BUT BECAUSE WE ARE AMERICANS. LADY JUSTICE IS BLIND FOR THAT REASON. WE DO NOT HAVE A SOVEREIGN, WHICH IS A KING OR QUEEN.YOU ALL FOUGHT FOR THAT FREEDOM. NOW THEY SAY THAT GOVERNMENT OFFICIALS HAVE SOVEREIGN IMMUNITY. HOW COME??