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"the worst first amendment case I've ever seen" just had a good ending! You can read his summary (CEO of FIRE who lead the case) or mine.
A while back, a retired police officer Larry Bushart posted a political meme on Facebook mocking conservatives over the concept of not caring about kids who get shot in schools while cancelling people for not caring about Charlie Kirk's death.
In response, Perry County officials where he lived had him arrested and held in jail for 37 days, setting his bond at 2 million dollars. He lost his job from this disruption and missed his granddaughter's birth and his wedding anniversary.
This arrest was obvious bullshit, another case where corrupt abusive officials utilize the legal system itself as punishment. No one would have seriously expected this case to go through, but the process itself is often meant as the attack.
It ends with good news though, as part of the settlement Bushart is getting almost a million dollars. Bad news, like most abuse by officials it gets paid for by the taxpayers and nothing is likely to happen to the corrupt scumbags who were in charge.
But this is a great lesson at least. In the US, you can just be a random guy, upset the most powerful government organizations and draw their ire, and win against them. America is a country where David can take down Goliath, whether it be your local officials or federal ones. Bushart refused to accept the abuse, he stood up to the bullies, and he won.
This was a clear violation of established civil rights and the victim deserves restitution.
But $835,000 is a lot of money. That is more money than I have made in my entire life. Even in the "good" endings, I shudder to look directly at the massive roulette wheel that is American tort litigation. A back-of-the-envelope calculation for what I think would be a fair settlement (all figures approximate):
Lost wages: $10,000
Physical discomfort: $100,000
Emotional distress: $15,000
Missing life events: $10,000
Legal fees: $50,000
This comes to a total of $185,000. I cannot imagine a fudge factor big enough to make up the extra $650,000. That's pure profit in my book. This isn't even particularly large for a civil rights settlement. Insane that we just accept this.
It is simultaneously not enough money and the wrong people are paying out. The people, cops/judges/staff etc should be personally liable for the money and/or jailtime. I am saying this despite finding the wronged party personally dislikable.
That's easy to say in a case like this, but would abolishing qualified immunity in the US not just result in unlimited lawfare against any government officials enforcing anything with a political dimension, which would presumably lead to said government officials becoming reluctant to do so? Expect impunity for [whatever group pisses you off the most] first, and subsequent further incineration of the commons.
Really, my sense often is that the US would stand to benefit from having its entire legal system burnt down and rebuilt from scratch. So many of your problems, including healthcare costs and inability to build infrastructure, ultimately can be traced back to the possibility of being dragged to court and having to spend the GDP of a minor country on lawyers (because if you don't and the other side does then you lose and are on the hook anyway).
If so, mission accomplished.
Well, just to be clear, the primary example I was thinking of were various minorities that beat the curve in terms of criminal proclivities. Surely there is no shortage of Blue NGOs that would be happy to make an example out of the occasional randomly selected police for giving traffic ticket to a black person. Is disincentivising that a mission you want to see accomplished too?
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I forget how weakly-qualified immunity is justified.
I understand why state officials should have more ability to use violence than citizens, including ability to make reasonable mistakes (i.e. immunity). But there should be a limit for egregious (either intentional or unacceptably incompetent) mistakes. Why is the limit so high?
We have too much petty crime, yet qualified immunity seems to boost it, by shielding cops from punishment for not handling it. I also have the impression that there are many regions where most people don’t respect their cops. In these ways, reducing qualified immunity would increase enforcement, and (by making cops more respected by locals) improve job conditions and morale.
You wouldn’t be able to staff police in those areas.
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I think that failure to enforce laws and qualified immunity for violating rights are entirely separate issues.
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