The problem is QI has been so twisted by the courts, including the SC, that it makes no sense.

For QI to be overcome, the facts have to almost PERFECTLY line up with some previous case where the courts have said something violated the Constitution.

But there’s a catch… The courts had to have said that past act violated the Constitution. Many times they just rule that QI was not overcome, without saying that a right was even violated. Which means the next time something EXACTLY the same happens, the court will still likely say the cop did not know better because there was not ruling with the exact same facts that said such actions were bad.

And don’t even get started on courts ruling that QI is not overcome even when the alleged act is theft. How should cops know that stealing someone else’s property violated a right?

QI is a monstrous violation of rights and has become perverted well beyond the original theory.

I was under the impression that qualified immunity is lost when a LEO knowingly violates his/her oath. It’s hard to believe that someone can take an oath to uphold the constitution and subsequently get away with denial of knowing what’s in it. If so, then the oath means nothing!

He understands qualified immunity. That’s all he needs to know.

In America, more and more, the Constitution is: “You must respect my authoritay.” It’s funny on South Park. Not so funny when some thug is at your door taking away your free speech rights.

Thanks for the correction.

This is a civil rights violation under 18 USC 242. What’s scary is that if the family had refused, then people would have been arrested. Once again, the First Amendment for this family might as well have not been enacted. This is why criminal enforcement is necessary, as is life-ruining damages to be paid by the police officers.

In addition, the people who libeled the girl ought to have to pay damages.

The cop should be prosecuted under federal civil rights laws, and the sentence should be incredibly stiff.

That should be plural. There were two involved. Both are now defendants in a federal lawsuit seeking declaratory relief, injunctive relief, monetary damages, attorney fees and costs of suit.

Among the facts alleged in the suit, this one is particularly disturbing:

36. Sergeant Klump stated that he had direct orders from Sheriff Konrath to demand that Amyiah delete this post, and, if she did not, to cite Amyiah and/or her parents for disorderly conduct and to “start taking people to jail.”

Also, although neither are defendants in the suit, Westfield’s District Administrator and the Marquette County Public Health department did not exactly shower themselves in glory. Another fact alleged in the same lawsuit:

48. Administrator Meicher’s update stated that, “It was brought to my attention today that there was a rumor floating out there that one of our students contracted Covid-19 while on the band trip to Florida two weeks ago. Let me assure you there is NO truth to this. This was a foolish means to get attention and the source of the rumor has been addressed. This rumor had caught the attention of our Public Health Department and she was involved in putting a stop to this nonsense. In times like this, the last thing we need out there is misinformation. I asked her to prepare a short statement for the purpose of this update. I’ve pasted it below.”

Although it’s far short of a federal criminal indictment, at least the bad actors can be publicly identified.

The lawsuit complaint is here (PDF file):

http://www.will-law.org/wp-content/uploads/2020/04/complaint20-20final-2.pdf

This is an unacceptable state of affairs. The cop should be prosecuted under federal civil rights laws, and the sentence should be incredibly stiff.