Hands Up, Don't Spray: Peterson v. Kopp

One of the key legal doctrines that makes it nearly impossible to effectively police the police is the doctrine of qualified immunity.  Last week we discussed  Plumhoff v. Rickard, a recent United States Supreme Court Case that upheld this doctrine.  There is another recent case out of the federal 8th Circuit Court of Appeals (Ferguson, along with the rest of Missouri, falls within the 8th Circuit) that deals with this same issue.  This case is called Peterson v. Kopp, and its language and facts show exactly how far qualified immunity has gone. In this case the Court recognized that, even where officers use unreasonable force, qualified immunity can shield them from responsibility for their brutality.

Revisiting Plumhoff v. Rickard: Police Brutality Goes Unpunished Even When it Goes to Court

We have been discussing police brutality this month.  In order to fully understand the problem of police brutality in America, it is important to understand what our Supreme Court has said about the matter.  After all, they are the ultimate arbiters when it comes to many issues surrounding police brutality, since they are of a constitutional nature.  To that end, its time we examine the United States Supreme Court's (SCOTUS) unanimous decision in Plumhoff v. Rickard.  

It's Not Just About Michael Brown, but it Would Still Be Outrageous Even if it Were.

Nationwide, Americans are outraged by a St. Louis County grand jury's decision not to indict Ferguson police officer Darren Wilson for killing an unarmed teenager named Michael Brown.  Even members of the St. Louis Rams football team have joined protesters by using the now famous "Hands Up, Don't Shoot" hand gesture during this past Sunday's pregame introductions.  Yet an unfortunately large segment of our society still just does not get it.  People and pundits alike continue to complain that protesters have nothing to be upset about because, in their words, Michael Brown was a so-called "thug."  Apparently, in these people's eyes, anyone who may have committed a crime or may have resisted arrest deserves immediate execution without trial or due process, even if unarmed.  Fortunately no legislature in the United States agrees with this heartless and nonsensical point of view, as no state law proscribes the death penalty without trial for the crime of resisting arrest.