
Qualified immunity, a judicially created doctrine with no basis in the text of Section 1983, shields government officials from civil lawsuits unless the plaintiff can show a 'clearly established' right was violated — meaning an almost identical prior case. A Reuters investigation found courts granted immunity in 54% of cases. Officers have been shielded after stealing $225,000, siccing a dog on a surrendering suspect, and shooting a child. The average excessive force lawsuit takes over 3 years, and victims face enormous legal costs even when they win.
Courts grant qualified immunity to police in 54% of excessive force cases — officers are shielded unless the exact same abuse was previously ruled unlawful
“You can only sue a cop if another cop did the exact same unconstitutional thing before, and a court already said that specific thing was wrong. It's a Catch-22.”
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