Colorado just ended Qualified Immunity for Law Enforcement

Silverstrike

It's to big to move FAST!
Established Member
Joined
Sep 4, 2002
Messages
8,621
Location
Here/there/some other silly place
In 5 years they are going to have nothing in that state and I do mean nothing, no jobs, no population, and no future.

Nice knowing you Colorado you was a pretty good state up until the mid 90's when the cockroaches from Cali moved in and done what they ALWAYS DO VOTE BLUE.
 

RedVenom48

Let's go Brandon!
Established Member
Joined
Sep 29, 2014
Messages
7,973
Location
Arizona
How does it make their job easier? If Im reading it right it upon up any leo to frivolous lawsuits....Scratch CO off of places to live.
Job is easy now. Just show up after the crime has been commited and the criminal has fled and take a report.

Pull someone over for speeding and find they are drunk? Write them a waring and send them on their way.

Etc
 

ON D BIT

Finish First
Established Member
Joined
Jul 7, 2003
Messages
16,212
Location
Currently in Sonoma County
Job is easy now. Just show up after the crime has been commited and the criminal has fled and take a report.

Pull someone over for speeding and find they are drunk? Write them a waring and send them on their way.

Etc
So you’re saying by allowing frivolous lawsuits for doing their job the Leo’s can slack off so they don’t face litigation.
 

Pribilof

Life's Better @ Elevation
Established Member
Joined
Oct 15, 2013
Messages
1,162
Location
Denver, CO
Enhance Law Enforcement Integrity | Colorado General Assembly
The bill allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses is not a defense to the civil action. The bill requires a political subdivision of the state to indemnify its employees for such a claim; except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment .




I don't agree with OP that the sky is falling because of this bill.

ETA a response to "reap what you sew, liberals"- the link in the OP contains a quote from the Cato Institute praising the law. You'll need to include libertarians in your quote. Also, plenty of Republicans voted to pay the bill in both the CO house and Senate. It was near unanimous in both chambers.
 
Last edited:

RedVenom48

Let's go Brandon!
Established Member
Joined
Sep 29, 2014
Messages
7,973
Location
Arizona
Enhance Law Enforcement Integrity | Colorado General Assembly
The bill allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses is not a defense to the civil action. The bill requires a political subdivision of the state to indemnify its employees for such a claim; except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment .




I don't agree with OP that the sky is falling because of this bill.

ETA a response to "reap what you sew, liberals"- the link in the OP contains a quote from the Cato Institute praising the law. You'll need to include libertarians in your quote. Also, plenty of Republicans voted to pay the bill in both the CO house and Senate. It was near unanimous in both chambers.
With all due respect, I could give a rip what a politician thinks about it. Whether its a D or R after their name, they just made an honest cops job harder. Specially in a hard blue state that Colorado has become, an R doesnt really mean all that much. Lived in California, plenty of conservative republicans, most were voiceless in statewide politics.

I dont want my cops thinking about whether their next action will result in being civilly sued. Thats an easy way for them to get jacked up, killed or simply do nothing and just take a report. Have bad cops abused this? Yes. Should the actions of the few dictate the reality of the many?

But just like gun rights, a few assholes misusing them have had certain states create infringed laws of the Second Amendment. Usually billed as "common sense". Does NOT mean they are good laws.
 

Klaus

Well-Known Member
Established Member
Premium Member
Joined
Jan 18, 2018
Messages
13,704
Location
minnesota
Qualified immunity is a relatively recent thing. I think it came in the 80s with warrior policing in response to drug war. I can see both sides of the argument.

Would you support some version of qualified immunity for teachers unions?
 

snakecharmer

Well-Known Member
Established Member
Joined
Nov 18, 2000
Messages
2,138
Location
Apex, NC
And they will soon scratch their heads wondering why they cannot recruit new ones, why others are bailing out the second they make their retirement numbers, and why those still biding their time are making fewer arrests and staying the hell away from any area or situation that even remotely questionable.

Congrats on your new high crime status Colorado. You totally deserve it.
 

SolarYellow

Sensei
Established Member
Premium Member
Joined
Jun 11, 2005
Messages
9,629
Location
Scranton, PA
Qualified immunity is a relatively recent thing. I think it came in the 80s with warrior policing in response to drug war. I can see both sides of the argument.

Would you support some version of qualified immunity for teachers unions?

The thing is a person should be held responsible if they screw up even if their intentions were true and genuine.
 

Pribilof

Life's Better @ Elevation
Established Member
Joined
Oct 15, 2013
Messages
1,162
Location
Denver, CO
With all due respect, I could give a rip what a politician thinks about it. Whether its a D or R after their name, they just made an honest cops job harder. Specially in a hard blue state that Colorado has become, an R doesnt really mean all that much. Lived in California, plenty of conservative republicans, most were voiceless in statewide politics.

I dont want my cops thinking about whether their next action will result in being civilly sued. Thats an easy way for them to get jacked up, killed or simply do nothing and just take a report. Have bad cops abused this? Yes. Should the actions of the few dictate the reality of the many?

But just like gun rights, a few assholes misusing them have had certain states create infringed laws of the Second Amendment. Usually billed as "common sense". Does NOT mean they are good laws.

Have you read the bill or even the bill summary? If a cop hasn't broken the law they have indemnity from these claims. Essentially, qualified immunity remains except when cops beach the law AND act in bad faith. Qualified immunity wasn't even a thing until 1986. Are you saying that policing was impossible prior to 1986 supreme court ruling?

And you did specifically rip liberals for this law.

ETA: additionally, I believe this only impacts police who violate Colorado state law, not federal law.
 
Last edited:

7998

Don't Care
Established Member
Malt Liquor Mafia
Joined
Mar 12, 2008
Messages
3,767
Location
PA
I didn't read the bill but when Mr. Dindunuffin sues the officer because he feels (insert frivolous reason here) and loses his suit, can the officer counter sue for damages?
 

7998

Don't Care
Established Member
Malt Liquor Mafia
Joined
Mar 12, 2008
Messages
3,767
Location
PA
Have you read the bill or even the bill summary? If a cop hasn't broken the law they have indemnity from these claims. Essentially, qualified immunity remains except when cops beach the law AND act in bad faith. Qualified immunity wasn't even a thing until 1986. Are you saying that policing was impossible prior to 1986 supreme court ruling?

And you did specifically rip liberals for this law.

ETA: additionally, I believe this only impacts police who violate Colorado state law, not federal law.

Have you been watching whats going on lately? Every time a cop answers a call and there is a scuffle can the officer be charged with assault? When the cop inadvertently scratches the perps car can the cop be sued for damage?
 

CompOrange04GT

Anyone have a strap on my girl can use on me?
Established Member
Joined
Jul 26, 2011
Messages
8,643
Location
Texas
In 5 years they are going to have nothing in that state and I do mean nothing, no jobs, no population, and no future.

Nice knowing you Colorado you was a pretty good state up until the mid 90's when the cockroaches from Cali moved in and done what they ALWAYS DO VOTE BLUE.

weed... oil.... alcohol

they have a shit ton all 3.. I don’t see jobs going away
 

Pribilof

Life's Better @ Elevation
Established Member
Joined
Oct 15, 2013
Messages
1,162
Location
Denver, CO
Have you been watching whats going on lately? Every time a cop answers a call and there is a scuffle can the officer be charged with assault? When the cop inadvertently scratches the perps car can the cop be sued for damage?

Wat? That's not what's been happening. Inadvertently scratching a car will not lead to a civil suit now or ever that would have been covered under any stretch of qualified immunity.

Did cops regularly get sued for inadvertantly scratching cars in 1985? No. QI has to do, generally, with the 4th amendment

ETA: checked the dates, 1982 was when the supreme court established they modern rest for qi
 
Last edited:

noco5.0

Well-Known Member
Established Member
Joined
Jun 7, 2012
Messages
418
Location
Colorado
weed... oil.... alcohol

they have a shit ton all 3.. I don’t see jobs going away

The liberal politicians running this state are doing their best to discourage law and order and our oil industry. They passed massive regulations last year that are making oil companies rethink investing in this state despite all of the oil we have. I live in the biggest oil producing county in the state and it's had a major impact. Seems crazy since the people that live here generally support the industry and the Denver liberals got to spend all the tax revenue on their pet projects but they are too dumb to realize that.
 

CompOrange04GT

Anyone have a strap on my girl can use on me?
Established Member
Joined
Jul 26, 2011
Messages
8,643
Location
Texas
The liberal politicians running this state are doing their best to discourage law and order and our oil industry. They passed massive regulations last year that are making oil companies rethink investing in this state despite all of the oil we have. I live in the biggest oil producing county in the state and it's had a major impact. Seems crazy since the people that live here generally support the industry and the Denver liberals got to spend all the tax revenue on their pet projects but they are too dumb to realize that.

lived there for a while.. worked in Greeley.

I miss it
 

RedVenom48

Let's go Brandon!
Established Member
Joined
Sep 29, 2014
Messages
7,973
Location
Arizona
Have you read the bill or even the bill summary? If a cop hasn't broken the law they have indemnity from these claims. Essentially, qualified immunity remains except when cops beach the law AND act in bad faith. Qualified immunity wasn't even a thing until 1986. Are you saying that policing was impossible prior to 1986 supreme court ruling?

And you did specifically rip liberals for this law.

ETA: additionally, I believe this only impacts police who violate Colorado state law, not federal law.
Think about the current political climate that our LEO have to operate in. Officer Rolfe in Atlanta is being charged with 11 FELONY COUNTS because a drunk felon stole his taser shot him and he returned fire. Anyone who has watched the body cam footage and Wendy's surveillance footage can see CLEARLY that he acted 100% in line with his training and did nothing wrong.

Yet now Officer Rolfe is now fired and charged as a criminal, technically eligible for THE DEATH PENALTY.

If this were now in Colorado not only would he be charged criminally, he and his estate can now be civilly sued and financially ruined. All because some rogue LEFTIST shithead of a DA can over zealously attempt to **** over an officer to make themselves look good to THE LEFT.

Do you see my point in all this? They set the stage to hang "bad" cops out to dry and have shown an EAGER willingness to change the rules on a whim. Rule changes that now can make ANY cop that liberal politicians want to scapegoat the "bag cop".

So yes... LIBERALS have set the stage and Republicans In Name Only joined them.
 

Users who are viewing this thread



Top