George Floyd Death: US Supreme Court reviews 'Qualified Immunity' for Police amid protests

As widespread protests over the tragic death of George Floyd continues to grip the United States, the US Supreme Court is examining a legal doctrine that protects police and government officials from legal action over misconducts. The doctrine is termed as "qualified immunity."

Qualified Immunity doctrine was developed by the Supreme Court to address two questions: First, did the police use excessive force? and if they did, should they have known that their act was illegal? as it violated a "clearly established" prior court ruling that barred such conduct.

The idea behind the doctrine was to protect police from impractical lawsuits and allow some "breathing room" for their mistakes that involve swift decisions that are made under tense and dangerous situations.

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SC calls for reviewing the doctrine

Two judges at the US Supreme Court have called for re-examining the qualified immunity doctrine. Justice Sonia Sotomayor, considered as one of the most liberal justices, has repeatedly disagreed when her colleagues have excused police misconduct in cases of police brutality, as per reports.

In one such argument, Justice Sonia Sotomayor said the court ‘willingly’ reverses lower court orders, when they refuse to grant qualified immunity to police officers. In a contrasting statement, she wrote, the court ‘rarely intervenes’ when lower courts wrongly grant qualified immunity to police officers. This ‘one-sided approach’ transforms the doctrine into ‘an absolute shield for officers.’

On the other hand, Justice Clarence Thomas, one of the more conservative members, has also called for reviewing the qualified immunity doctrine stating that it was created by judges without any 'historical basis'.

The legal battle over qualified immunity may now have reached an inflection point in the United States after George Floyd's death in Minneapolis. Presently, there are eight qualified immunity cases pending before the Supreme Court.

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George Floyd’s death

George Floyd, a 46-year-old African American man was arrested by the local police for unspecified charges on May 26. A tussle broke out between George Floyd and the police officials, which resulted in Floyd’s death after being subdued for several minutes by an officer. In a video that went viral on the internet, the officer was seen pressing his knee against Floyd's neck who was seen gasping for air before turning motionless.

George Floyd's death has triggered mass unrest in various parts of the US. As per reports, police officer Derek Chauvin and three other officers - Thomas Lane, Tou Thao, and J Alexander Kueng - were later fired by the Minneapolis Police Department. Chauvin has been charged with third-degree murder and second-degree manslaughter.

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