A Mississippi murder case has ignited a new fight against qualified immunity

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The case of Desmond Green, a man imprisoned for nearly two years on false murder accusations, has ignited a new fight against the qualified immunity doctrine after a Mississippi federal judge denied qualified immunity to a detective involved in the case. Damon T. Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, joins MSNBC's Charles Coleman Jr., in for Ali Velshi, to discuss.
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#Crime #CivilRights #Mississippi

Опубликовано:

27 сен 2024

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Комментарии : 570

@einherjar8585 4 месяца назад

End qualified immunity. Police should be held to far higher standards. Its been used to abuse victims of police crimes and malfeasance for far too long.

@mimibroww11 4 месяца назад

include judges, prosecutors and district attorneys that fail to do their job, withhold evidence etc

@einherjar8585 4 месяца назад

@@mimibroww11 yes, its systemic corruption.

@mannycastle3011 3 месяца назад

How about we abolish immunity for whatever line of work you do. IF you make a clerical mistake and the company incurs a 250k penalty, fork up the money. . It's not so fun the other way around, right.

@leothenomad5675 3 месяца назад

@@mannycastle3011Since QI only applies to government officials your post is irrelevant.

@leonfrancis3418 3 месяца назад

@@mannycastle3011Nice attempt. 2/10.

@TeePetersen 4 месяца назад

As long as police and civil servants are allowed to claim qualified immunity for every misdeed and misstep, the administration of actual justice cannot be served. If there was actual intentional harm inflicted they MUST be held accountable under the laws of our nation. In the USA we say NO ONE is above the law, but qualified immunity has broken this tenet and caused more harm than good in its application. Time for each and every citizen to be accountable and held responsible for their own actions.

@rcpilot179 4 месяца назад

Abolish qualified immunity.

@justaguyinthematrix 4 месяца назад

They aren't bullet proof ya know. It's why you have a 2nd amendment. Too bad you're coward tho.

@danielmartin7838 4 месяца назад

No!

@SundayTopper 4 месяца назад

@@danielmartin7838 why? :)

@JohnnyChapman-jp1ej 4 месяца назад

@@danielmartin7838how about modifying it so justice is better served?

@soulslip 4 месяца назад

@@JohnnyChapman-jp1ejjust abolish it and have applied immunity based on the specific case and circumstances. No automatic immunity... too many harmed by such a law.

@MrLostMD 4 месяца назад

End it, abolish it, and never look back. We demand accountability all over the country!

@loisannreeves2072 3 месяца назад

❤

@rightson-oj1jq 4 месяца назад

Qualified immunity. Aka, a license for cops to do what they want. Know your rights. Direct D and many others have been fighting this for years.

@KushiteComplex 4 месяца назад

Corrupt cops, DA's and judges are the problem.

@ronaldcole7415 4 месяца назад

If you need protection from the law to enforce the law then you have no business enforcing the law as you yourself are a criminal. Boom!

@artfulalias3984 4 месяца назад

It can indeed be necessary to provide legal protection for people to effectively do their jobs. A stagnant and un-nuanced blanket immunity is the problem. It needs legislation and transparency. Do you remember when there were successful lawsuits after someone pulling someone else from a car after an accident? It had a chilling effect on people helping. A Good Samaritan law was passed to protect people acting in good faith. It certainly doesn't apply to intentional crimes committed under cover of rescue. That's where qualified immunity breaks down. It has been an impenetrable cover for malicious activity.

@JohnnyChapman-jp1ej 4 месяца назад

@@artfulalias3984 I believe 'End Qualified Immunity' is a catchphrase. It means modifying the laws to do exactly as you describe; i.e. to better serve justice and the community.

@zumaanandrade3961 4 месяца назад

@JohnnyChapman-jpThe laws were there, then comes qualified immunity.

@gemayeljones248 3 месяца назад

🎯🎯🎯

@Californiawest862 3 месяца назад

I mean the southern states and midwest states are still racist in be behind

@JohnnyChapman-jp1ej 4 месяца назад

End Qualified Immunity

@longcastle4863 4 месяца назад

Qualified immunity is basically a license for police racism, injustice and brutality

@andreabrown4541 4 месяца назад

Considering that it emerged in this country as backlash against the CRM, you may be on to something.

@r.carter7507 3 месяца назад

"basically"? try, LITERALLY.

@Lyricistnz 3 месяца назад

basically?

@longcastle4863 3 месяца назад

@@Lyricistnz Yes, I think basically expresses the intent of my thought better than, literally. In essence, at its core. But literally works as well, just from a slightly different perspective that doesn’t quite hit the nail on the head quite for me. It’s interesting,

@GAURAV25855ify 3 месяца назад

Mississippi is the most racist state in the country and corrupt run by the dixie mafia

@michaelccopelandsr7120 4 месяца назад

Abolish qualified immunity and take settlements out of the police union pension fund. Guaranteed this will get fixed.

@Sturmavk 4 месяца назад

Abolish crime. Then we’ll talk about your snowflake day dreams.

@bjornstahle4652 4 месяца назад

@@Sturmavk You're accusing OP of being a republican?

@rtjames 4 месяца назад

@Cerceifyreading is fundamental. "Take settlements out of the police union pension fund" i.e. dont give the cops a pass with qualified incompetence.

@loganskiwyse7823 4 месяца назад

@Cerceify Regardless of how bad Thomas and Alito are, the OP has a very valid point. If you hit the unions in the pocketbook, they are absolutely going to rethink a lot of current attitudes they support.

@kjam4236 4 месяца назад

I agree with you wholeheartedly..... as long as tax payers foot the bill for Lawsuits these RACE POLICE will never stop!

@HawksDiesel 4 месяца назад

Abolish qualified immunity, Abolish judicial immunity

@LocAces 4 месяца назад

Thank you for shining a light on this case. Finally a Judge that will do the right thing.

@Jaime-u5m 4 месяца назад

I tip my hat to this judge, thank you sir,,,.

@24-Card 4 месяца назад

Only people that don’t want to be held accountable would even think of such a thing. Burglars lock their doors, liars are skeptical, thieves guard their property.

@ChronicExcessiveManliness 4 месяца назад

Colorado, Montana, Nevada, and New Mexico-have completely banned police officers from using qualified immunity as a defense in state court. The rest of the state need to do the same.

@lrmackmcbride7498 4 месяца назад

It isn't a complete ban in colorado but anything that violates training, policy, state, federal or constitutional law as read by a reasonable person is not protected. They can still do some pretty egregious stuff within those confines.

@ChronicExcessiveManliness 4 месяца назад

@@lrmackmcbride7498 They'll try to circumvent any and all rules, laws and ethics...no doubt. But it's a good start.

@lrmackmcbride7498 3 месяца назад

@LockBresnarKymus the states that created state causes of action, it isn't federal. That is the point.

@Doc_-_Savage_1 3 месяца назад

@@lrmackmcbride7498 Not if bound by THE Constitution, which they are regardless of state permission of those rights, read THE SUPREMACY CLAUSE.

@Doc_-_Savage_1 3 месяца назад

@LockBresnarKymus It's not a good thing unless you're a socialist criminal, are you? You're a collaborator at least, and a traitor at worst.

@rittherugger160 4 месяца назад

Trying to wrap my head around this here. So, it is somehow possible to violate a person's constitutional rights without violating 'clearly established law''? Isn't violating someone's constitutional rights in itself a violation of clearly established law?

@chantelmorset7176 4 месяца назад

Yes!!!!! That is what I'm saying!!

@leothenomad5675 3 месяца назад

Its because the courts have made the clearly established part of "clearly established law" so ridiculously narrow. If your case doesn't line up almost 100 percent the same as a previous one that was ruled unconstitutional, then the cops can claim Qualified Immunity. The same thing happened Georgia? Nope doesn't count, it's another state, so it's still not clearly established law in Mississippi. Qualified Immunity applies.

@RichardHeadGaming 3 месяца назад

It sure is, they swear an oath to uphold the constitution when they become an officer. There should be no protection from it.

@ronnieitaquab1008 4 месяца назад

About time this news channel started focusing on real American issues that both parties ignore

@bethanyhealy4989 4 месяца назад

Do victims of crime have any rights anymore?

@timstram 3 месяца назад

@@bethanyhealy4989who hurt you

@bethanyhealy4989 3 месяца назад

@@timstram Why? there is no justice in a red state.

@Doc_-_Savage_1 3 месяца назад

@@bethanyhealy4989 No justice in ANY state.

@Yasharahla144 3 месяца назад

that ain't what we talking about...

@NeedsaLift595 4 месяца назад

Qualified immunity is the most ridiculous thing I've ever heard of.

@icecold9511 3 месяца назад

Civil asset forfeiture beats qualified immunity for that prize.

@paggles4495 3 месяца назад

@@icecold9511 They need to get rid of t hat too.

@elderdwaynehull5377 4 месяца назад

We got to keep fighting for our rights, until the law chànges.

@robertmarley8852 3 месяца назад

Whitey bang for theirs 👀

@zl1booker 4 месяца назад

28+years in law enforcement myself and qualified immunity is a big part of the problem but not the only problem. I learned from working among them that the culture is another big concern that must be torn down/disassembled altogether. My takeaway after many years is that the culture of law enforcement is simply racist. Concerning qualified immunity and the culture of policing, I contend that you CAN NOT FIX something that needs to be dismantled altogether. Some things are simply beyond repair.

@djjones5715 4 месяца назад

I'm so tired of the racist argument. My husband is as white as they come and he was targeted by an officer. One man. He had his license suspended in one state for a child support issue even though his daughter was in her 20's at the time. He didn't even know it until he got pulled over by this officer. It took months to sort out. In the meantime, this officer ticketed him 3 more times because he said he saw him driving. Didn't pull him over. Sent him the tickets in the mail. Nothing on dashcam. He just said he saw him driving. That's it. And of course the judge believes the police officer. The day after his birthday this officer had his car towed at 7 am because he hadn't put the new sticker on his plate. He cost us over $1,000 in fines and court costs & towing fees. You don't have to be black to be targeted by an officer.

@moonshoes11 4 месяца назад

@@djjones5715 Your anecdote doesn’t mean racism doesn’t occur. Just because Cops can violate anyone’s rights doesn’t mean it doesn’t happen at a higher rate based on race. So, you’re tired of realty, it seems.

@teresaburch23 4 месяца назад

@@djjones5715, where did anyone say it's only black people?

@lewisotha523 3 месяца назад

We have to remember that modern policing was BORN in the crucible of slavery and that the CHARACTER that was necessary to be possessed by the person participating in and enforcing that system, is THE SAME CHARACTER that is necessary to the police today. RACISM undergirded the "Slave Power" yesterday. It undergirds the "Police Power" today.

@justalurker5412 3 месяца назад

It’s not racism, it’s classism.

@BrattyBetty 4 месяца назад

Qualified immunity is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. 👇 What disqualifies qualified immunity? Violations of the Bane Act: Under California's Tom Bane Civil Rights Act, citizens are legally permitted to sue government officials who violate their constitutional rights through “threat, intimidation, or coercion,” government employees cannot claim qualified immunity as a defense.

@Doc_-_Savage_1 3 месяца назад

The Supremacy Clause makes QI illegal, invalid, and TREASON.

@b.a.m.9962 4 месяца назад

Get rid of "qualified immunity," & cops will behave like saints!

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@jenkor513 4 месяца назад

I have always wondered how violating rights in and of itself is not violating clearly established law. The bill of rights is law and no laws shall be written to abridge these rights.

@emiproperty2041 4 месяца назад

End qualified immunity across the board.

@sbss924 4 месяца назад

End qualified immunity.

@wearynottired 4 месяца назад

This is why charging and sentencing officers for their crimes establishes precedent for future cases. Project 2025, gives officers the right to violate the rights of its citizens, with no repercussions established by law. Voting, is so important.

@YesItsReallyKeith 4 месяца назад

BRAVO Judge !!! long overdue !!! way too long !!!! and yeah FINALLY !!!!

@rjlchristie 4 месяца назад

The principles of natural justice and common sense have no home in the US legal system.

@rolandoavila2623 4 месяца назад

Not enough people are seeing this.

@twomorningsbackfromyesterd1240 4 месяца назад

I agree on a hundred, but I believe the pic has a lot to do with it.

@cozmicgrrl4674 3 месяца назад

Good report. Please stay on this and provide updates. We need this to pick up more steam.

@ricladouceur6202 4 месяца назад

Arresting someone on a tainted stoned witness statement and line up isn't already protected!

@Visiontech 4 месяца назад

WOW!!!!!!!!!!!! I just came across this video and this is what I want to hear more of!!! The system/ government has it's thumb on the scales of justice. Why would a merchant place their thumb on the scale? To get something that they haven't earned!!!

@ygrittesnow1701 4 месяца назад

Everyone has been screaming for Congress to pass legislation to end qualified immunity. I am surprised no one seems to recognize that Congress did pass legislation on this very subject. 18US1983 was written and passed by legislation to address this very issue. Yet SCOTUS circumvented our legislative branch. What is to stop them from doing the same with any other legislation passed by Congress. See the problem is there is no checks and balances when it comes to SCOTUS. There are no consequences for getting it so egregiously wrong. There are no corrective mechanisms or oversight. No means by which to enforce ethical standards imposed on any lower court justice. There are literally only two means by which a SCOTUS justice can be removed from the bench. Criminal charges or impeachment. Cozy little job for life with no real means of being fired, suspended or disciplined in any way.

@laurencaulton103 4 месяца назад

Same ole Mississippi.

@TheJoyfulReaper 4 месяца назад

As soon as he said Jackson, Mississipi, we all knew nothing was going to make sense or be documented correctly

@ricardodabreau1660 4 месяца назад

You have to qualify for qualified immunity. Sick dirty cop.

@royrayburn1503 3 месяца назад

Qualitified Immunity must go . Bad cops should be sued personally.

@lllm299news 4 месяца назад

same rules for everyone. Lets make it happen.

@4014Thugsy 4 месяца назад

Qualified Immunity means Taxpayers Pay for lawsuits. Police should have insurance they pay into, or have to pay out of their own pensions. It would help them to stop violating our rights.

@flossietube2065 3 месяца назад

Of course, qualified immunity is unconstitutional! And it's absolutely absurd it was given to police officers in the first place!! Even the fact that they are aloud to "investigate themselves" is absolutely absurd!!! Unbelievable.

@railrodemike 4 месяца назад

Lawyers come up with fancy terms that cost the people's civil rights.

@Dee2000 3 месяца назад

About time someone has the courage to speak up & apply

@wolfgangvonuce9803 3 месяца назад

qualified immunity is a law for govt officials and law enforcement to do whatever they want with no consequences.

@Freesavh1776 3 месяца назад

Qualified Immunity & Civil Asset Forfeiture should be completely demolished.

@GREGG.T 4 месяца назад

Imagine. The law protecting criminal cops .

@BonniePryor 3 месяца назад

Yep indianola ms cop

@Heavilymoderated 4 месяца назад

About time judges start taking these steps.

@SundayTopper 4 месяца назад

Corpses don't have qualified immunity. Embrace your 2nd Amendment and protect your fellow citizens.

@user-qd3nl6lb6c 3 месяца назад

She needs to be charged with felonies. She violated her oath, and her actions were criminal. She deserves charges, and the personal suite to go forward.

@Darnell3427 3 месяца назад

How can there ever be a clearly established opinion if no court is willing to make the first ruling.

@DavidW-p2k 3 месяца назад

Well sounds like cop should be accountable

@Roogs 3 месяца назад

It is about time. How this doctrine has remained in place is mindboggling to me.

@Ejame2 3 месяца назад

Its time! People wake up! We continue put up with this! Over again!

@timkaldahl 4 месяца назад

Most of these qualified immunity cases could be dismissed because the arresting officers lied in a sworn statement in order to put someone in jail.

@glendockins1226 3 месяца назад

Thanks For Sharing This Topic !!!!!!!!!! I Appreciate It Alot !!!!!!!!!! 👈👈👈👈👈👈👈👈👈👈👈

@Meds1000MD 4 месяца назад

Supreme court is a mess

@geraldhammond2382 4 месяца назад

Will this set a precedent is all that I want to know and inevitably be case law?

@mikelbanks8506 4 месяца назад

MAKE EVERYONE EQUAL UNDER THE LAW!!!

@joekev27 3 месяца назад

I heard that detective is calling for the judge to be arrested.

@LenaCarter-o5i 3 месяца назад

What a great judge. It's about time to abolish qualified immunity for good.

@lamontgarrett9215 4 месяца назад

Nothing new under the sun.....I am tired of hearing this over and over again 😢

@D.Nelson-to1hv 4 месяца назад

Yes let’s get it done ACCOUNTABILITY police should not be above the law and officials as well

@cakeman58 3 месяца назад

Excellent perspectives. If Qualified Immunity survives, it should only be applied only by juries, not judges, DAs nor the police themselves.

@evilisfun9935 3 месяца назад

The gang members with badges need to be held accountable and stop punishing the taxpayers for their mistakes and murders. Take the money out of the pension fund and watch the overnight changes.

@DonRigga 3 месяца назад

Most egregious bullsh*t I've ever heard.

@anwornation3399 3 месяца назад

Yeah, it needs to be corrected

@SanchoSanto 3 месяца назад

I understand why officials were given qualified immunity. However, it has gotten way out of control. There was blanket implementation without any rules or review process.

@mikesbarn1858 3 месяца назад

Abolish qualified immunity. There is no law granting it. It is a judicial creation.

@galaxywolf4895 4 месяца назад

Qualified immunity has been used as a get out of jail card for criminal cops. Qualified immunity along with civil asset forfeiture are both unconstitutional and should be abolished.

@Vinsternator40 3 месяца назад

Qualified immunity does nothing but subvert accountability and give neglectful cops a scapegoat. End qualified immunity.

@Ghostface24315 3 месяца назад

We the people have spoken. End qualified immunity.

@dillonfredrikson7034 3 месяца назад

As long as you have qualified immunity, you have a 2 tier Justice system.They cannot deny the two tear justice system

@I_Am_Warden 3 месяца назад

They wont do anything about it...

@PonziZombieKiller 3 месяца назад

Very important

@paul-u2y9y 4 месяца назад

If they get rid of Q.I. 2 things will happen, #1 is there will be tons of unfounded , frivilous lawsuits and # 2 instances of police brutality and violation of civil rights will drop by 90% , as to lawsuits there's already something in place to deal with that.

@PromethiaSHADOW 3 месяца назад

Thats a huge step in the right direction. END QUALIFIED IMMUNITY!

@charlesbrockman3299 3 месяца назад

Qualified immunity alone is not the problem.

@veramae4098 3 месяца назад

Hurrah!

@Devil0027 3 месяца назад

It’s wild when you basically need protection from the law, while they can enforce laws that protect them when they commit crimes.

@IBenZik 3 месяца назад

@1:30, this law is unconstitutional on its face. How can you violate someone's constitutional rights without violating in this case the bill of rights?

@ebonicody1595 3 месяца назад

If there are truly good cops out there , they shouldn’t fear this

@archerbob6847 3 месяца назад

Eventually people will get fed up and take the law into their own hands to exact some measure of justice regardless of the consequences

@joshuahudson2170 2 месяца назад

There will come a time when failure to give such cases a fair hearing will result in street justice instead. The courts need to stop interpreting qualified immunity so broadly.

@cwhulke97 3 месяца назад

What I don't understand on the whole qualified immunity argument is the last part, Police must, "violate a clearly established law" before QI is revoked....So what part of the BILL OF RIGHTS not clearly established??? Those first 10 amendments are and have been clearly established since they were written!!!! What the USSC did was give an exception for Law Enforcement, just like every other ruling they have made on the Bill of Rights, to break YOUR RIGHTS!!! Every exception to those first 10 amendments has been granted by the USSC...when I would think if the Founding Fathers meant for there to be exceptions...They would have enumerated those exceptions in the Right as written, but they didn't! They were so CAREFUL in their wording of the rest of The Constitution, but yet somehow didn't when they crafted the Bill of Rights???? I find that hard to believe....bottom line...the USSC should not be creating legal doctrine period! Their job is to interpret laws as either Constitutional or not....That's it!!! QI, Civil Asset Forfeiture, Abortion....etc....all should not have ever been law!

@lahopkins9746 3 месяца назад

The fact that the no good cop lied and forced someone else to lie by offer them a lesser penalty for their actual crime(s) should have had her defense of qualified immunity null and void. She needs to go to jail and suffer the same conditions and never be allowed to work in law enforcement of any kind ever again.

@poppybe9179 3 месяца назад

End qualified immunity and civil asset forfeiture.

@Noneya-rf7pu 3 месяца назад

Eye for an eye

@DavidDavidunderthebridgeChampi 3 месяца назад

What I find so amusing is the many organizations within the black community cannot have done something about this already?

@kerryedavis 3 месяца назад

From what I read, qualified immunity only applies to civil action. In cases of criminal acts, qualified immunity does not apply.

@kennethchambers9740 3 месяца назад

AMEN AMEN AMEN AMEN !!!!!!!!

@sanchez73day36 3 месяца назад

Why is the host and others hold their hands in diamond shape 🤔🤔

@i-m-bossride 3 месяца назад

How can any court justify allowing the government to violate anyone's rights, ever? As it stands now because of qualified immunity, the government gets a free pass if the Constitutional violation is done in a new and unique way and the person violated is left without a remedy. At the very least, the person whose rights are violated should be compensated for actual damages with a minimum floor (say $5000 indexed to inflation), plus attorney's fees, for violations with no or nominal damages. Any subsequent violation should include mandatory punitive damages. Next, Monnell must also be overturned. Any governmental agency that employs a person who violates another's Constitutional rights should be liable for the violations by that person they put in a position of power.

@i-m-bossride 3 месяца назад

For at least 70 years, the courts have ruled in favor of the governmental "rights" over the Constitutional rights of the people.

@jorgeposadas1192 3 месяца назад

Qualified immunity = endangered species.

@ThecultofCon 3 месяца назад

Men should always be responsible for their actions, no matter their occupation.

@adriansandoval5078 3 месяца назад

Get rid of qualified immunity. 👏

@robertpayne6781 3 месяца назад

If ignorance of the law isn't a valid excuse for citizens then it shouldn't be for law enforcement either. Which is what qualified immunity amounts to 90% of the time.