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IANAL, but doesn't that require good faith? Shakedowns carried out by off-duty cops don't seem to be acting in good faith.


Sort of, but not in a way you'd expect. It presupposes that they don't know what's good faith or not without explicit cases on the subject in that jurisdiction. So qualified immunity squashes new cases that haven't been exactly covered, but also typically doesn't create new case law on that subject meaning that police can continue doing that 'possibly' bad behavior.


Oh, man... That is a disappointing way for things to work. So how would one go about pursuing a complaint in a way that would get case law to exist for a specific scenario?


Start by getting 5 supreme court justices willing to overturn old precedents on board.

The last time this was discussed was in 1982, with an 8-1 decision that strengthened qualified immunity.




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