…[Democratic presidential candidate Julián] Castro zeroed in on the doctrine of qualified immunity as a major tool that shields cops from consequences for virtually any behavior, even when they violate constitutional rights. ….Federal courts invoke qualified immunity to toss lawsuits against officers who engage in egregious and often brutal conduct.
…Under this rule, the police cannot be sued unless they infringe upon a constitutional right—and that right is “clearly established.” A constitutional right is only “clearly established” if a reasonable officer would know that it is protected by binding precedent.
…Thursday’s decision, revolves around Kalyb Wiley-Primm. Primm, who is black, was being teased and bullied by a classmate. He stood up, cried, and yelled, prompting a school staff member to tell him, “You better sit down. You are about to get in trouble.” A staff member asked Brandon Craddock, a school patrol officer, to assist with an “out-of-control” student. By the time Craddock arrived, Primm had sat back down in his seat.
Craddock asked Primm to walk with him into the hallway. On the second request, Primm complied. …After telling Primm “several times to stop walking away,” Craddock grabbed his wrist. Primm tried to pull away, and Craddock handcuffed him. …After his father arrived, Craddock removed the handcuffs. Primm had been in the cuffs for a total of 20 minutes; they left his wrists sore and red.
…The case began as a manhunt for Christopher Barnett, a criminal suspect, in Georgia. Barnett “wandered” into someone’s yard, where an adult and six children were playing. Multiple police officers entered the yard and demanded that everyone—including two children under the age of 3—get on the ground. Barnett, too, complied, and was visibly unarmed.
…One officer, Michael Vickers, then saw the family dog, who was not at all aggressive and posed no threat. Vickers nonetheless attempted to shoot the dog. One bullet missed the dog but struck a 10-year-old child in the knee. Vickers’ victim was just 18 inches away from his weapon. The bullet shattered the child’s knee.
…Qualified immunity encourages this style of reckless policing.
8th Circuit says officer who handcuffed a sobbing 7-year-old can’t be sued.
