Editorial: Judge sends 47-year message on abuse, duty of guardianships » Albuquerque Journal abqjournal.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from abqjournal.com Daily Mail and Mail on Sunday newspapers.
ALBUQUERQUE, N.M. — Neither the city nor the U.S. Department of Justice asked for the police union to be held in contempt during an all-day hearing in federal court Wednesday, thwarting the wishes…
Police Officers Never Learn “Clearly Established Law” SHARE
Most people would agree that police officers shouldn’t be punished for split‐second mistakes in judgment. That’s why the
Garner tests for whether or not an officer’s use of force amounts to a constitutional violation require an analysis of whether that use of force was reasonable with regard to the
particular circumstances the officer was in.
But qualified immunity goes beyond
Graham and
Garner with its maddeningly arbitrary “clearly established law” requirement. In effect, “clearly established law” adds a separate, completely illogical burden of proof to constitutional torts cases: proving the existence of a prior case with functionally identical facts.
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Eric Myler with SignArt of New Mexico anchors a new sign on the Albuquerque Police Department headquarters Downtown. (Jim Thompson / Albuquerque Journal)
ALBUQUERQUE, N.M. The latest report card on the city’s efforts to reform the Albuquerque Police Department is in, and it’s not good.
It says APD has taken several steps backward in training officers on court-mandated policies and holding them accountable when they mess up.
In fact, in some ways the department is further from completing the process than it was two years ago, according to the report.
So why is APD even in this process?
MON: Racing To Resume As Virus Restrictions Ease, Lawmakers Debate Cannabis Legalization, + More kunm.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from kunm.org Daily Mail and Mail on Sunday newspapers.