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U.S. NEWS Saturday 14 March 2020

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Supreme Court petitioned on police officers' legal immunity

By MATTHEW BARAKAT ments also support the im-
Associated Press munity, arguing that police
ARLINGTON, Va. (AP) — need a measure of protec-
James King had no idea tion to do their job without
that the men who grabbed looking over their shoulders.
him and took his wallet Lisa Soronen, executive
were plainclothes officers director of the State and
looking for a fugitive. So he Local Legal Center, which
ran off. advocates for local gov-
And when they caught ernments before the Su-
him, he took a monstrous preme Court, said qualified
beating. immunity is key to the finan-
Bystanders also were con- cial solvency of state and
fused. One called 911 to local governments which
report the beating, telling a could otherwise be over-
dispatcher: "They're going whelmed by lawsuits.
to kill this man." Also, it's important for of-
King, 27, was a college stu- ficers to know they have
dent at Grand Valley State some legal protection on
in Michigan in 2014 when the job, she said.
he was beaten. "You don't want an officer
He sued the officers who hesitating," she said. "They
arrested him, but a judge have to act in these hard
tossed out the case, ruling This undated photo provided by Institute for Justice shows James King. situations."
that the officers were en- Associated Press She said the doctrine has
titled to immunity for their to take the case of Sha- country who deal with this is entitled to a significant been under attack since
actions. niz West, whose home in on a daily basis." measure of deference now it was targeted by a liber-
King's case is one of several Caldwell, Idaho, was de- King was charged with re- that it has been in place for tarian think tank, the Cato
taken up by the Arlington- stroyed by officers looking sisting arrest and assaulting 50 years, and indeed ex- Institute.
based Institute for Justice in for her ex-boyfriend. They a police officer. panded by the high court But she said changing a
an effort to get the U.S. Su- hope to learn as soon as Court records indicate he over time. doctrine that has stood
preme Court to reconsider later this month whether bit one of the officers who "Absent dramatic new in- for decades could end up
the "qualified immunity" the justices will review the had him in a chokehold. formation, until and unless confusing the immunity is-
doctrine, which frequently cases. A jury acquitted King on all Congress says otherwise, sue rather than clarifying it.
shields police officers and One of the officers sued charges. qualified immunity should "Relaxing the idea may
other government agents by King is an FBI agent Justices have signaled remain our law," the au- sound like a good idea,
from lawsuits when they are who was participating in a some interest in the topic. thors write. but where do you draw the
accused of violating a per- federal-local task force in In 2017, Justice Clarence Cities and local govern- line?" she asked.q
son's constitutional rights. Grand Rapids, Michigan. Thomas wrote that the
"The biggest problem is, The FBI and a Grand Rapids court should find an appro-
these doctrines have no spokesman declined com- priate case to reconsider
basis in the history of this ment. the doctrine.
country," said Anya Bidwell, A spokeswoman for the As with other elements of
one of King's lawyers with City of Caldwell did not re- criminal justice reform, a
the institute. spond to an email seeking left-right coalition of liberals
"They are inconsistent with comment. concerned about police
our founding principles." In a phone interview, King abuse and conservatives
The qualified immunity said he feels lucky to be concerned about unac-
doctrine was first enunci- alive after being beaten countable government
ated by the Supreme Court by officers who seemed has emerged to agitate for
in 1967, and expanded unfazed by the fact that change.
greatly by the court in the bystanders were witnessing While there is strong mo-
1980s. the attack in broad day- mentum for reconsidering
As it currently stands, offi- light. the qualified immunity doc-
cers can only be held liable He said one of his lawyers trine, it has its defenders. In
for their actions if a court told him that if he'd been a Notre Dame Law Review
has previously found offi- black, he would have been Journal titled "A Qualified
cers liable in an analogous killed. Defense of Qualified Immu-
circumstance, Bidwell said. "I thought I was going to be nity," professors Aaron Niel-
The Institute also has pe- killed," he said. "And there son and Christopher Walker
titioned the high court are people all over the write that that the doctrine