: Derek Chauvin’s conviction in the George Floyd murder case could spell the end of police immunity #IndiaNEWS The police killing of George Floyd in the United States begs for effective remedies that
Derek Chauvin’s conviction in the George Floyd murder case could spell the end of police immunity #IndiaNEWS
The police killing of George Floyd in the United States begs for effective remedies that respond both to past harms while also preventing future harm.Former Minneapolis police officer Derek Chauvin was found guilty of three counts in the killing of Floyd after he kneeled on the Black man’s neck for more than nine minutes as he pleaded for his life in May 2020. But what will be done now to ensure no one else dies a similar death at the hands of police, especially given there have been several police killings following Floyd’s murder? As legal theorist William Blackstone famously wrote, “every right when withheld must have a remedy???.But American federal courts have never recognised Blackstone’s truism because of a legal doctrine known as qualified immunity, which protects police or government officials from lawsuits by requiring plaintiffs to establish not only that their rights have been violated, but that state officials did so with a high level of fault.Given the egregious nature of Floyd’s killing, qualified immunity was not an issue in Floyd’s case. This helps explain why Minneapolis City Council agreed to pay the family million in damages.But courts and legislatures are increasingly finding fault with qualified immunity.Decision overturnedThe US Supreme Court recently held that lower courts had erred when they dismissed damage...Read more
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