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overriding the previous decisions of lower courts, which had in both cases denied cops qualified immunity, a legal principle that shields police from liability unless they violated a clearly established constitutional right. , involved two Oklahoma police officers sued by the estate of a man they fatally shot in August 2016 while wielding a hammer during a 911 call.
The Tenth Circuit Court of Appeals sided with attorneys for the deceased man, Dominic Rollice, on the basis that it was the officers’ “reckless or deliberate conduct” that “created a situation requiring deadly force,” a decision that allowed a trial in the lawsuit. But the Supreme Court tossed this ruling, arguing the officers “plainly did not violate any clearly established law” and that it could not identify a “single precedent” showing an incident like this would qualify as a violation of the Constitution., the case of a Union City, California, police officer accused of using excessive force while handcuffing a suspect.
While an appeals court denied qualified immunity for the police officer, who was sued after putting his knee on a suspect’s back during an arrest, the Supreme Court argued even if the officer did violate the law, he wasn’t given “fair notice” as it was not clearly established.“It is not enough that a rule be suggested by then-existing precedent,” wrote the court.
due to lobbying campaigns by police officers and their unions who argue it would upend the profession.
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