Judge Denies Officer Qualified Immunity After Arrest of Lawful Gun Carrier

Red Police Lights Car Cops img nra-ila istock
Judge Denies Police Officer Qualified Immunity After Arrested of Lawful Gun Carrier img nra-ila istock

BRIDGEPORT CT-(Ammoland.com)- A federal judge rejected a Connecticut police officer’s request for qualified immunity after he arrested a man for carrying his legally processed gun.

Basel Soukaneh was driving his Kia Sorento in a high crime area in Waterbury, Connecticut, when the GPS on his iPhone froze up. The neighborhood is well-known for prostitution and drugs. Soukaneh pulled over his car to try to fix his phone that was in a phone holder. Officer David Andrzejewski noticed the stopped vehicle and started a traffic stop.

Officer Andrzejewski knocked on Mr. Soukaneh’s window. When Soukaneh rolled down the window and said “hi” to the officer, Soukaneh claimed that Andrzejewski screamed at him for his license. Soukaneh handed the police officer his license and gun permit. He informed Andrzejewski that he had a legally owned and carried pistol in the car with him. The cop grabbed Soukaneh and forcibly removed him from his Kia, and threw him on the ground.

Mr. Soukaneh claims that Officer Andrzejewski demanded that he tell the officer where the prostitute and drugs were located. The officer searched Soukaneh pulled out pills from the man’s pocket. The officer thought he found illicit drugs. In reality, what the officer discovered was Soukaneh’s nitroglycerin pills for his heart condition. In addition to the heart medication, the officer seized the $320 in cash plus a flash drive that contained pictures and videos of Soukaneh’s deceased father. Neither the flash drive nor the money was returned to Soukaneh.

The officer Handcuffed Soukaneh and threw him in the back of his police car. Soukaneh, who suffers from a bad back, screamed in pain. According to court records, the officer grabbed the handcuffs and jerked them, causing Soukaneh to be trapped in a position where he was partially on the floor of the back of the police cruiser, unable to see.

Officer Andrzejewski ran Soukaneh’s gun permit and found it to be valid. Shortly after, another officer and a sergeant arrived on the scene. Andrzejewski asked the two what he should “write him up for.” The sergeant told Andrzejewski what to write into the computer system.

Officer Andrzejewski claims that the initial stop was justified because he had “reasonable suspicion of unlawful activity.” He further states that the search of the vehicle and Soukaneh himself was based on probable cause. The officer claims that Soukaneh telling him that he was armed with a legally owned firearm with a valid permit was the probable cause needed to search the man and his vehicle.

Mr. Soukaneh is claiming that Officer Andrzejewski violated his Fourth Amendment rights by illegally searching him and his vehicle. He claims that the police officer didn’t have “reasonable suspicion of unlawful activity” to initiate the stop and that Officer Andrzejewski didn’t have probable cause for the search.

Officer Andrzejewski claims he is “entitled to qualified immunity because any violated rights were not clearly established.” According to the courts, “Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about legal questions.”

United States District Court, D. Connecticut Judge Janet Bond Arterton agreed that Officer Andrzejewski had reasonable suspicion due to the area where Soukaneh stopped his car. But Judge Arterton found that Officer Andrzejewski did not have probable cause to search Soukaneh’s car and person.

Moreover, Judge Bond Arterton stripped Andrzejewski of qualified immunity.

The Judge said, “no reasonable officer could believe probable cause was present.” According to Judge Bond Arterton, just because Soukaneh had a gun, it did not give the officer the right to act the way he did. The Judge said that any contrary holding “would eviscerate Fourth Amendment protections for lawfully armed individuals.”

Mr. Soukaneh’s lawsuit against Officer Andrzejewski will be allowed to continue.

Federal Denies Police Officer Qualified Immunity After He Arrested Lawful Gun Carrier USCOURTS

Federal Denies Police Officer Qualified Immunity After He Arrested Lawful Gun Carrier USCOURTS-ctd-3_19-cv-01147-0


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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motodad369
motodad369
1 month ago

Bastard cops should have some neck stretching just like some unnamed folks in the vicinity of DC.

Beobear
Beobear
1 month ago

It’s a double edged sword. While it’s definitely possible Mr. Soukaneh’s story is true it’s extremely common for people being arrested to lie about being mistreated in order to try and sway a case. It’s especially common among minorities. I’ve personally seen it happen more times than not. One case in particular sticks out to me. My partner and I arrested a guy for DUI. The man was very personable and nice. He was in a far better mood than I would have been in his shoes. We tried to make his ordeal as pleasant as possible under the circumstances… Read more »

JSNMGC
JSNMGC
1 month ago
Reply to  Beobear

It’s extremely common for cops to lie, even when they are recording themselves. There are many hundreds of examples on youtube.

Frequently their ego, emotions, and low IQ result in them doing incredibly stupid things when their feelings are hurt.

Lots of questions, among them:

  • When did Andrzejewski leave the department – was he terminated or was he allowed to resign?
  • Did any of the enforcers have body cams?
  • Did the police car camera record any of the interactions?
  • Did any of the enforcers agree to tell the truth in return for not being prosecuted or being terminated?
JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Enforcers should have policed themselves a long time ago. Instead, they covered-up for the “bad apples.”

https://www.youtube.com/watch?v=M7Co8M_PxT0&ab_channel=LackLuster

Also, search:

Lying Cop

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Do you think the enforcers who worked with this guy didn’t know what he was like?

https://www.youtube.com/watch?v=HszcVuNiGew&ab_channel=AudittheAudit

Knute Knute
Knute Knute
1 month ago
Reply to  JSNMGC

Why not just admit to the truth? It is extremely common (almost universal, in fact) for people to lie when it benefits them. Black, white, red, yellow, green or purple, rich or poor, LEO or not, lying is just about the most universal human trait that exists.

JSNMGC
JSNMGC
1 month ago
Reply to  Knute Knute

A lot of people lie.

When enforcers lie, it causes a lot of problems and should not be tolerated.

JSNMGC
JSNMGC
1 month ago
Reply to  Beobear

Many, not all, are dumb bullies who cover for each other.

https://www.youtube.com/watch?v=Yl9bgcBf-6M&ab_channel=NewYorkPost

JSNMGC
JSNMGC
1 month ago
Reply to  Beobear

“it’s extremely common for people being arrested to lie”

https://www.buzzfeednews.com/article/albertsamaha/blue-lies-matter

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Did you know that in order to legally drive in the state of California you must have a California driver’s license?
Put this in your search engine:
“Lambo Owner Schools Lying Cop”
Qualified immunity protected the cop – how could he be reasonably expected to know what every 16-year-old in the country knows?

What is sad is how the well-below-average IQ cop acted in a condescending manner to the Lambo driver who had a well-above-average IQ.

Three amigos: perceived authority does not equal intelligence.

Don’t you just love video cameras in phones?

No wonder “TEX” (Will) hates youtube.

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Replied to the three amigos, but response is on hold.

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Shorter version – put this in your search engine:

“Lambo Owner Schools Lying Cop”

Russn8r
Russn8r
1 month ago
Reply to  JSNMGC

To paraphrase The Right Stuff:

“Sure is a long line of thin-skinned copsmokers ’round here.”

“F’n A, bubba!”

JSNMGC
JSNMGC
1 month ago
Reply to  Russn8r

Bubba asked for a solution.

  • Don’t lie;
  • Don’t get emotionally involved in what you are doing and let your insecurity about your IQ get in the way of being a professional; and
  • Every day before you leave for work ask yourself “how am I different from the people who worked for Mao, Stalin, Hitler, the Kim family, and Pol Pot? Because I am different, that means there are laws I will not enforce, even when ordered to do so. What laws are those?
Last edited 1 month ago by JSNMGC
JSNMGC
JSNMGC
1 month ago
Reply to  Russn8r

All three got in there for the downvote within seconds.

Can you imagine how they lied to back each other up back in the day?

No wonder “TEX” (Will) hates youtube.

Russn8r
Russn8r
1 month ago
Reply to  JSNMGC

LOL. They seem to think it hurts my feelings, but the more downvotes, the more I got under their thin-skins.

BTW. The paraphrase is Gus Grissom agreeing with Gordon Cooper, a righteous bubba unlike our Bubba. Think I’ll watch it again tonight. Great flick.

JSNMGC
JSNMGC
1 month ago
Reply to  Russn8r

Before someone new to law enforcement is allowed to walk among the public with a gun, badge, radio, and arrest powers, they should be required to review 40 hours of videos of enforcers violating people’s rights.

This training should be provided by a civilian.

They should also be required to read the history of totalitarian regimes of the 20th and 21st centuries and how armed government employees made those dystopian nightmares possible.

Knute Knute
Knute Knute
1 month ago
Reply to  JSNMGC

Requirements sounds good, but in reality they’re usually ignored. In my town, the would some day be Chief-of-Police, was allowed, as a volunteer trainee, still in College, of no official capacity whatsoever, to patrol in a squad car, alone, and write traffic tickets. All absolutely illegal, unlawful, and against dept. policy. But what good are policies in a day like today where they’re just ignored?

JSNMGC
JSNMGC
1 month ago
Reply to  Knute Knute

Qualified immunity needs to be modified. They will change their behaviors when they have to pay.

If you want a laugh, watch the deposition of these dimwits – search for:

Deposition of 4 Officers from “Same Department Sued Twice! – Over 100K To Avoid Public Trial.

It’s kind of long, but you will be laughing by the 45 minute mark.

Most enforcers hate cameras and they will do and say the dumbest things imaginable while attempting to stop someone from video recording.

Unfortunately (as is typical), the taxpayers paid for their stupidity.

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Here’s the video of the actual event:

Russn8r
Russn8r
1 month ago
Reply to  JSNMGC

With eyes propped open like Malcom McDowell in A Clockwork Orange

Laddyboy
Laddyboy
1 month ago

GOOD! A ‘copper’ who DISHONORS their OATH —- MUST face the music.

Knute Knute
Knute Knute
1 month ago
Reply to  Laddyboy

And about time too! It’s been decades of the system protecting and allowing such abuse that led to the problem being as bad as it is now. This problem didn’t all just spring up out of thin air.
There’s a reason why LEOs are so insistent about maintaining their ability to do whatever they please without consequences. They’ve been riding roughshod over the citizens for their entire careers, and they cannot now see any other way. They’re addicted to their own power. They’re junkies. And sometimes they fly off into hate rages, like happened here. It’s standard behavior for addicts.

Last edited 1 month ago by Knute Knute
gregs
gregs
1 month ago

was the plaintiff stopped in the road as the lying officer said? that would be a reason for the lying officer to conduct a field interview. the lying officer should have just run his firearm license, questioned him about why he was stopped there and that should have been the end of the encounter. that it escalated into a civil suit is because the lying officer didn’t follow the laws of the United States of America. only when more courts deny qualified immunity for these lawbreaking officers will they become what they were supposed to be, law enforcement officers, instead… Read more »

Grigori
Grigori
1 month ago

Used to be a cop in a small town in the SC Midlands in the early 2000’s. He had a different last name but like this guy, it ended with “…jewski”. Guy was a total ticket Nazi. Would have written his own grandmother. Not well liked by his peers. He finally was dismissed when caught lying in court or similar malfeasance. These are the only two people I have ever heard of with that ending in their last name. I wonder if those names frequently have a common denominator of dishonor.

hoss
hoss
1 month ago

What a jackass. it’s cops like him that give LEOs a bad name. See what I did there ? I truly believe there’s a difference between LEOs, and cops, who are just wanna be LEOS.
I have seen the corruption first hand up close, and because of that I find it hard to trust cops.

USMC0351Grunt
USMC0351Grunt
1 month ago
Reply to  hoss

I will trust them until they prove otherwise, then I will hand them their ass and have them removed from the force.

MikeRoss
MikeRoss
1 month ago

It’s always infuriating to hear stories like this. Officer Andrzejewski was way out of line and should be disciplined, in addition to the lawsuit. It’s officers like him that turn people against the police.

hoss
hoss
1 month ago
Reply to  MikeRoss

He does not deserve to be on the job.

JSNMGC
JSNMGC
1 month ago
Reply to  hoss

I believe he left that department some time ago.

Knute Knute
Knute Knute
1 month ago
Reply to  JSNMGC

On to the next department. They’re called “Gypsy Cops”. The ones that violate policy so badly that they can be held accountable…. so they just quit and move on to another local police dept elsewhere. Its common enough to have a nickname…. in spite of all the claims that the “bad apples” are only .01%, or whatever.

JSNMGC
JSNMGC
1 month ago
Reply to  Knute Knute

Maybe. Most seem to have an aversion to the private sector.

When I spoke with the Waterbuy Police Department, they said he no longer worked there.

It would be great if a journalist dug into this story.

Knute Knute
Knute Knute
1 month ago
Reply to  JSNMGC

It sure would be. Follow him to the next dept on his list, and the next lawsuit settled by taxpayer funds! To put the lie to all the ‘only .01%’ fictions, just check out the story of Frank Serpico, a NYC police officer in the 1960s. He got shot in the face in 1971 after publicly exposing the corruption in his dept., which involved every officer except for Serpico himself. Every one… a whole lot more than .01 percent. 99% plus! But, despite his winning the gold shield and a commendation, nothing was ever done. One can imagine how much… Read more »

swmft
swmft
1 month ago

bad police are nothing new, sheriff of Nottingham, corrupt, power hungry people have always been with us, the laws need to make them accountable not protected

Wild Bill
Wild Bill
1 month ago
Reply to  swmft

,
In this case the judge did, and it looks like the law is going to!

CourageousLion
CourageousLion
1 month ago

Cops like that need to be smacked in the face with Lucille. A few times. That would be justice.

Lucille-bat.png
JimmyS
JimmyS
1 month ago

There must be articulable suspicion of a specific crime being committed, or a past crime of which the person is a suspect, or of a crime about to be committed in order for police to violate your right to travel freely. If there is no articulable crime, there is no lawful reason for police to accost anyone. So again, cops have a policy of breaking the law in their interactions with citizens. All that followed after boiled down to violent felonies committed with weapons, as well as color of law violations. The cop and his supervisor sergeant should each be… Read more »

Tank
Tank
1 month ago

Reasonable suspicion, probable cause & officer safety are very broad, obtuse, not well defined & can/are used under color & authority of the law to fit broader agendas for LEO’s who know the system & where the edge is. The system tries to police & fix itself but there is the thin blue line looks the other way for several reasons. Politics, peer pressure, wealth, power etc.

CourageousLion
CourageousLion
1 month ago
Reply to  Tank

I have an idea…let’s do away with Leo’s and get back to the citizen militas with arrest powers for common law crimes. The kind of crimes that have VICTIMS involved. And just think there would be a well trained group of individuals all over the country to protect those who can’t protect themselves. Every teacher, every school employee, every citizen everywhere would be part of A WELL REGULATED MILITIA BEING NECESSARY for the security of a free state of existence! Oh, well, at least I can dream.

swmft
swmft
1 month ago
Reply to  CourageousLion

why cant I plus 10 this?

Wild Bill
Wild Bill
1 month ago
Reply to  CourageousLion

@CL, Hmmm. So at 0300 you want to get out of bed by a phone call, dress, drive across town, meet up with the others, have a quick coordination, and then confront some home owner whose neighbor’s teenagers won’t turn down the stereo because their parents went on vacation, and they are having a party to impress their high school friends? Then go back and do it again 20 minutes later? The poor children would be sooo traumatized. Actually you can fill in the to do part with all kinds of bs that the cops deal with at all hours… Read more »

Ansel Hazen
1 month ago
Reply to  Wild Bill

CL left out the part where attorneys were the first group that got purged from society.

USMC0351Grunt
USMC0351Grunt
1 month ago
Reply to  CourageousLion

We already HAVE all of that… They are called Veterans. “Break glass ONLY in times of extreme conditions such as national defense.”

JSNMGC
JSNMGC
1 month ago
Reply to  USMC0351Grunt

LOL – you indicated people who were never government emplloyees should do all the work and then veterans would “move in to support them.”

You had your chance and just sat on your apathetic ass.

JimmyS
JimmyS
1 month ago
Reply to  Tank

No, they aren’t. First, there has to be a crime either being committed, having been committed, or about to be committed, and the accosted individual has to be a suspect of that crime with articulable evidence. That standard exists just for the stop. There was none, even according to the two officers’ statements and documentation. They want you to believe the standards are broad and obtuse so that you will disregard your own rights and comply. And they are allowed to lie to you. So offer no information if there is no articulable crime named by the officer. Reiterate that… Read more »

Russn8r
Russn8r
1 month ago
Reply to  Tank

Daniel Shaver’s murderers got off, protected by “LEOs”.

HLB
HLB
1 month ago

United States District Court, D. Connecticut Judge Janet Bond Arterton agreed that Officer Andrzejewski had reasonable suspicion due to the area where Soukaneh stopped his car.”

If that is the case, then all the public has reasonable suspicion that they will be mishandled by the police because they have a history of that, and should act accordingly.

HLB

JimmyS
JimmyS
1 month ago
Reply to  HLB

That’s colossal bullshit. If the man would have asserted his 4th Amendment rights and demanded to know the crime of which he is suspect, there would have been zero grounds to even hand the officer his ID. Parking your vehicle in a high-crime area is not a crime, nor is it evidence of a crime. Being in or driving in a high crime area is not a crime, nor is it evidence of a crime. No crime, no evidence of a crime, and the stop becomes illegal. Then it escalates to kidnapping and felony assault with weapons enhancements as well… Read more »

USMC0351Grunt
USMC0351Grunt
1 month ago
Reply to  JimmyS

EXACTLY! But, MOST people either haven’t a clue that it is OUR responsibility and duty to do so, or they just flat out turn into pussy mode and fade away into apathy.

PistolGrip44
PistolGrip44
1 month ago

Good. Sue that MF’ing dirty PIG!!! Teach all of them a lesson.

Bdcaron
Bdcaron
1 month ago
Reply to  PistolGrip44

“Pig”? Really? 1960 called they want their love beads back man, bro.

Russn8r
Russn8r
1 month ago
Reply to  Bdcaron

Keanu Reeves called from 1991, he wants his surfboard back, “bro”.

JSNMGC
JSNMGC
1 month ago

I wonder if Andrzejewski attempted to hide some of his assets in an effort to protect them from civil judgements against hiim.

A former Texan enforcer who frequently posts here has indicated that is a very common practice.

Who is paying for Andrzejewski’s lawyer(s)?

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

The pro corruption gang is hard at work. It’s hard work defending these kinds of people:

https://www.youtube.com/watch?v=M7Co8M_PxT0&ab_channel=LackLuster

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

They crack me up. I have a clear vision of them sitting there with red faces mashing that down vote every time a link is posted of an enforcer abusing his authority and not one “good apple” is anywhere in sight to stop him. Law enforcement is like no other profession. The amount of power entrusted in each person is incredible. You would think the “good apples” would be in here loudly condemning every bad apple that is brought to light. I consider every down vote on these types of posts as an act of support for criminals like John… Read more »

Wild Bill
Wild Bill
1 month ago
Reply to  JSNMGC

@PS,
You paint with too broad a brush. Cops are people. Some people are good. Some cops are bad. Judging character is difficult.

Wild Bill
Wild Bill
1 month ago
Reply to  JSNMGC

,
I am guessing that his union is paying. \
Hiding assets are a rich man’s game. Us working class folks can not afford accountants skillful enough to deceive the state’s forensic accountants.

JSNMGC
JSNMGC
1 month ago
Reply to  Wild Bill

I agree that those enforcers who try to hide assets will not have much luck.

“TEX” (Will) has indicated he did it way back when and he knows a lot of other enforcers who did it. I didn’t intend to imply they are smart.

Wild Bill
Wild Bill
1 month ago
Reply to  JSNMGC

,
The only realistic way for the non rich to hide assets is to convert traceable assets (checking, savings, CDs etc.) into non traceable assets (cash, gold, silver, collectable stamps). But then those assets are subject the local burglar … Tom, Dick and
Natron.

JSNMGC
JSNMGC
1 month ago
Reply to  Wild Bill

I’m agreeing with you.

Even cash, gold, silver, etc. can be found out through analysis of records and interviewing various people (like the ex-wife the enforcer beat when he was drunk).

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Circle the wagon – it’s what they do Maybe no one will put these into their serach engine: “$3 Million Settlement – 2 Cops Charged 3 Resign – Corruption From The Top Down” “Officer Detains His Daughter’s Boyfriend” Most people would be willing to shrug off “a few bad apples.” However, you know that is not what is out there – entire departments cover-up the criminal acts of their brothers/sisters in blue/tan/brown/green/black/cammo. So many times when a “bad apple” does something bad, there are other enforcers nearby, but no “good apples” intervene. Your degrading reputaton is your own fault. For… Read more »

Last edited 1 month ago by JSNMGC
JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC
JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

This video shows what many enforcers think about “civilians” and the extent they will go to hide evidence, intimidate witnesses, and conspire to protect their colleagues:

“$3 Million Settlement – 2 Cops Charged 3 Resign – Corruption From The Top Down”

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

This video shows just how dumb and authoritarian some enforcers are: “Officer Detains His Daughter’s Boyfriend” Go to youtube and put that phrase in the search field. After watching that video, do you think that was the first time John R. Kovach of the Lorain, Ohio police department abused his authority and threatened people with false charges and jail time? The Fraternal Order of Police defended Kovach and appealed his termination – why? Why was Kovach only terminated – why wasn’t he charged with any crimes? Kovach acted that way when he knew he was recording himself – what do… Read more »

swmft
swmft
1 month ago
Reply to  JSNMGC

assets that have never run through a bank are almost impossible to find , ex head of dea Jacksonville fl. office is doing three years, you can bet he has a stash that is out of reach and he will vanish like a vapor when he gets out . has nothing to hold him here and he saw 20 years worth of what did and did not work. I could have taken millions that would never have been missed ,I know there are not many people that would pass on that type of opportunity, I did.

JSNMGC
JSNMGC
1 month ago
Reply to  swmft

Most of the cash enforcers receive is from their pay – those funds are easy to verify. Where it goes from there can often be ascertained through various means, at least to some extent.

As far as ill-gotten assets, are you suggesting that some enforcers obtain cash and other assets illegally and don’t report the amounts on their tax returns?

I’m shocked, shocked to learn that some enforcers are engaged in such activities.

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Since their peers are in the business of investigation and law enforcement, you would think it would be almost impossible for an enforcer to get away with such activities.

uncle dudley
uncle dudley
1 month ago

Sounds like the cops in Waterbury aren’t doing their jobs if they have an area that is known for hookers and drugs.
A rush to judgement on the cops part was totally wrong to treat a person that way.

james
james
1 month ago

The sorry excuse for a LEO should never work in that job ever again.

Buster
Buster
1 month ago

That cop needs to be defunded, as well as the idiot that hired him.

TStheDeplorable
TStheDeplorable
1 month ago

The phrase “qualified immunity” is totally misunderstood. All qualified immunity means is that if the officer had a reasonable belief that his actions were lawful, he is immune from suit for those actions. If he did not have reasonable belief that his actions were lawful, he never had qualified immunity for those actions. So, the officer’s qualified immunity was not “stripped away” by the judge; the officer never had qualified immunity to do the searches because no reasonable officer would believe that a person legally possessing a firearm creates cause to search him. After George Floyd’s fentanyl suicide, BLM screamed… Read more »

CourageousLion
CourageousLion
1 month ago

Great, so someone who can read minds must be involved because how in the hell would anyone KNOW that the officer was “believing”? We don’t need them. Go private or get the militas back in force. I was a cop once…and didn’t last because I was like Serpico. I would turn in the corrupt ones so they set me up for a fall that was total bull crap.

swmft
swmft
1 month ago
Reply to  CourageousLion

I got out of dea because felt I was a target from within,you get shot on a stakeout from behind by a cop, it is a setup. vest caught most of it. not many people wore them in the 80s

JSNMGC
JSNMGC
1 month ago

Qualified immunity very seldom comes into play because:

  • In reality, it is “not-so-qualified immunity” and people are advised by their lawyers that the cop will invoke the protection and the victim has a low chance of prevailing because of it so they should just sue the taxpayers (the department or the city) instead; and
  • Most enforcers have a very low net worth (even counting the assets they attempt to hide), so most people don’t even bother to sue them.
HLB
HLB
1 month ago

There was once the saying, “ignorance of the the law is no excuse”, that was used by the law community to strengthen their case against the non-LEO. Given that claim, qualified immunity would not apply to the non-LEO. I now find that the law community is the one who is ignorant much of the time. Likewise, qualified immunity should not apply for them. Qualified immunity should never apply, because if you are going to be an LEO, you should study the law in your spare time, or take up some other profession. If you are going to be a non-LEO,… Read more »

Wild Bill
Wild Bill
1 month ago
Reply to  HLB

HLB,
Ignorance of the law is no excuse, lest every man use it as his excuse. Oliver Wendal Holmes, Jr.
Holmes hated being equals with the uneducated. He did everything in his power to make the less educated into an under class, and lawyers into an elite class. He is one of the early ignore the Constitution types.

JSNMGC
JSNMGC
1 month ago
Reply to  Wild Bill

I suggest that enforcers only attempt to enforce laws they know and understand.

When they attempt to make-up laws and enforce them in order to bully people into respecting their perceived authority, it causes problems.

There are many examples available for people to watch.

Because the “good apples” decided not to police their own, the reputation of all LE continues to suffer. It’s going to get worse.

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

Hit a nerve, I see.

You guys hate the fact that it is legal to video record in public, don’t you?

The world is changing, boys. Taxpayers who don’t murder, rape, rob, steal, etc. no longer believe you (as a group) are heroes. There are just too many of you who are thugs and too many of the others cover for them – actively or passively.

You had a good run.

JSNMGC
JSNMGC
1 month ago
Reply to  JSNMGC

This entire department had a good time laughing at civilians – not one “good apple” spoke up:

https://www.youtube.com/watch?v=M7Co8M_PxT0&ab_channel=LackLuster

JSNMGC
JSNMGC
1 month ago

TStheDeplorable, You have a misunderstanding of the practicle role of qualified immunity. It needs to be significantly modified and law enforcement should be the ones to push for its modification. The way it is currently being used is deepening the divide between law enforcement and people who pay taxes and don’t murder, rape, rob, steal, etc. Bubba believes that only 0.01% of cops are bad. In addition to ignoring a lot of readily available information, his definition of a bad cop is different than many civilians (I use that term because it is one more example of cops wanting there… Read more »

JSNMGC
JSNMGC
1 month ago

TStheDeplorable,

I provided an example of how qualified immunity results in bad outcomes, but it was put on hold (probably due to its length).

I don’t think the concept of qualified immunity is as misunderstood as you believe. The problem is that qualified immunity (in its current form) is allowing enforcers to do things they shouldn’t do and the culture within law enforcement prevents “self-policing,” at least to the extent it should be done.

Bubba believes only 0.01% of cops are bad. That belief speaks volumes to the disconnect.

linkman
linkman
1 month ago

Judge made the right call. If not, then police could arrest anyone because “they could have committed some sort of crime.”