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Qualified Immunity in Texas

Ronws

first class brisket smoker
Full Member
Minuteman
  • Oct 18, 2021
    8,214
    11,661
    Texas

    Gov. Abbott signed a law expanding qualified immunity to non-lethal weapons, such as stun guns and tear gas. And I would assume, bean bags, as well.

    I know from plenty of the stories shown in this forum of cops exercising force against innocent people who were misidentified as a suspect. I think cops should be sued for negligent or incompetent behavior.

    So, for me, this is a large fail for Gov Abbott.

    What if they use the stun gun on an old man in a no-knock warrant at 5:00 am on an old man with a pacemaker? The man or his family should be able to sue and there should be legal consequences.

    But often times, QI means immunity from lawsuits.

    We get so tied up with immigration and constitutional carry and whatnot that we miss on something like this entirely and none of the congressmen and women seem to really be that worried about it.
     

    Gov. Abbott signed a law expanding qualified immunity to non-lethal weapons, such as stun guns and tear gas. And I would assume, bean bags, as well.

    I know from plenty of the stories shown in this forum of cops exercising force against innocent people who were misidentified as a suspect. I think cops should be sued for negligent or incompetent behavior.

    So, for me, this is a large fail for Gov Abbott.

    What if they use the stun gun on an old man in a no-knock warrant at 5:00 am on an old man with a pacemaker? The man or his family should be able to sue and there should be legal consequences.

    But often times, QI means immunity from lawsuits.

    We get so tied up with immigration and constitutional carry and whatnot that we miss on something like this entirely and none of the congressmen and women seem to really be that worried about it.
    they gotta be nice to their protectors that you are paying for.
     
    QI applies to the individual officer not his employer. The old man would be better off suing the employer as it has the deep pockets.

    Agree.

    In other words though, the taxpayer gets to cover the monetary award to the victim.

    We've got seven counties here in SE Oklahoma that are either losing their insurance, or are having to pay for an adjustment (that's not the professional term) to keep a reduced coverage with higher deductible. Since I have to sit in my county's commissioners meetings, I know for a fact that it means higher taxes in MOST cases... In my county they're rightfully stripping the county sheriff's budget *since every lawsuit has come from their office. That creates a whole other wad of problems, but it wasn't anybody else's fault either.

    Most counties are going to have to adjust the taxes next year to cover their budgets. There is no bailout from the state (again, rightfully so). And since everything is basically rural with a few small towns, that means the sting is going to be felt.

    I hate the thought of having to pay more in taxes because someone in a public role of responsibility - couldn't be.

    I'm not a fan of QI in a most cases, but in some I still agree. It is a delicate balance that only the loudest and staunchest members of the 'Pit can seem to get right all of the time.

    I will now sit back and wait for them to educate me.
     
    • Like
    Reactions: oneshot86
    Higher taxes will result every time this happens. Cop’s assets will never cover the damages and the employer will always pay.

    In the greater scheme of things, cop atrocities occur less than 1% of the time. Take away QI and hesitation will happen 99% of the time. You’ll end up CA, NY, etc nationwide where cops won’t do nuffin’ proactive.