We hear a lot lately about out-of-control police brutalizing citizens. It seems every day there is a new report of police violence on an unarmed individual or a SWAT raid on a wrong house. And it seems predictable that the offending officers are found innocent of wrongdoing by internal investigations.
An non-combative unarmed man in Florida shot to death in the back by a cop for no reason even as other cops told the offending cop not to draw his weapon. A non-combative unarmed man in New York held in a choke hold until he expired even though New York City’s police regulations forbid choke holds. A baby is put into serious medical condition by a cop throwing a flash-bang grenade into a bedroom during a botched drug raid that found no drugs.
Official investigations be damned. Everyone whose civil rights are violated by police must sue their tormentor in civil (not criminal) court — regardless of any official investigatory outcome. The reason why is that anyone who works behind a badge and carries a gun on the job enjoys qualified immunity for mistakes committed in good faith.
That’s the key right there: qualified immunity based on good faith. Violating a person’s constitutional rights is always an aggravated offence because the police have sworn oaths not to do that. They are expected to know the law and the Constitution which they swear to uphold.
It is impossible for police to violate anyone’s civil rights by mistake or accident. If they do it, they must know they’ve done it, or else they’re not even qualified to hold the job. They’ve sworn legally binding oaths!
Every cop has a performance bond. It’s required. Every cop has a pension fund. Both the bond and the pension are exposed in a civil complaint. If someone has a video or other positive proof of a person being brutalized by cops, that victim basically has a slam-dunk suit. The victim will win the bond and the pension.