Cops found him, killed him and got away with it
Today we are leading off the newsletter with a story about Luke Stewart. He was sleeping in his car when he was confronted, then killed by police. He was 23. Qualified immunity prevents his family from getting justice. The officer who killed him is still serving in Ohio.
Cops found him, killed him and got away with it
By Sara Gelsomino
Qualified immunity was meant to protect officers from gray areas and unforeseeable changes in the law: Officers can be held liable only for violations of clearly established laws, and they are protected when they had no advance notice that their conduct would be unconstitutional. The question of what is "clearly established" is constantly in flux but has generally been interpreted in a manner that protects police even when they demonstrate a lack of concern for people’s lives and safety. Unless a court has already found that a highly similar fact pattern violated the Constitution, qualified immunity will protect police from lawsuits and trial.
This defies common sense and undermines constitutional rights for all people. Any reasonable, safe and professional police officer should know the Constitution doesn’t permit police to see a person who isn’t committing a crime, open their car doors, jump into the vehicle, beat them and kill them. But Luke’s case was tossed out of federal court because that same situation had not previously been considered in court – so Luke’s constitutional rights in that situation were not clearly established in the eyes of the court.
In practical terms, that means so long as officers continue to violate people’s rights in unique ways, courts will not hold them responsible.
Today's Editorial Cartoon
Child welfare agencies aren't meant to rehabilitate parents but protect children
By Naomi Schaefer Riley
Caseloads are an easy solution that unites both agency leaders and workers. When child welfare agencies are the subject of class action lawsuits, reducing caseloads is a solution written into federal consent decrees. Los Angeles County workers even have a clause in their contract preventing them from being disciplined or dismissed for poor performance if their caseloads rise above a certain level.
But in his book “Out of Harm’s Way,” the late University of Pennsylvania School of Social Policy Dean Richard Gelles noted that he finds there is “little relationship between the caseload of a worker and supervisor and a preventable tragedy.”
What does have an impact, he writes, is deciding “who is the client.” Child welfare agencies are there to protect children, not rehabilitate adults. But the latter has become their priority.
Superman scraps 'the American way': Why the US isn't worth emulating
By Jill Lawrence
The Superman family is making a lot of news lately. Not only will current official Superman Jon Kent come out as bisexual next month, his father – the original "Man of Steel" Superman – is ditching his commitment to “the American way.”
Both moves are purportedly to broaden “representation” in the DC Comics classic and, of course, to increase its fan base. And both may achieve those goals. But while Jon Kent's new bisexual identity is welcome, dad Clark’s retooled motto is no cause for celebration.
At this juncture in history, the change feels more like a blow – a rebuke to America and our “way.” It hurts even more because we deserve it.
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Columns on qualified immunity
Here's a new section we're adding to the newsletter. Currently, we are doing a series examining the issue of qualified immunity. For more on the series read here.
- Supreme Court just doubled down on flawed qualified immunity rule
- I refused to lie under oath for the state of Arizona, and the courts aren't on my side
- Supreme Court can protect citizens by striking down qualified immunity
- Qualified immunity: 8 myths about why police need it to protect the public
This newsletter was compiled by Jaden Amos.