I’M WITH WILLETT ON THIS ONE: Judge Don Willett Butts Heads With Fellow Trump Appointees Over Qualified Immunity for Cops. “Modern immunity practice—essentially ‘heads government wins, tails plaintiffs lose’—leaves many victims violated but not vindicated.” It’s a judge-made doctrine with no foundation in the Constitution.
But see: Federal court reverses decision granting immunity to off-duty Maryville policeman who held teens at gunpoint. “The lawsuit stems from an accident in May of 2016 when the plaintiff Logan Vanderhoef collided with Officer Marice Dixon’s personal vehicle. Dixon, who was not in uniform at the time and did not initially identify himself as an officer, approached the vehicle with his gun drawn, pointed it at the teen and ordered everyone in the car to get on the ground.”
The teens would have been within their rights to shoot him under these circumstances, as any reasonable person would fear for his life when some wacko responds to a car accident by pulling a gun and pointing it; it’s absurd to suggest such behavior should receive immunity. Note that the jury found for the plaintiff, but awarded minimal damages.