In addition to #federal #immunity, the agent could argue that his actions were reasonable under the #Constitution, that he acted in self-defense or that he did not act with intent to harm or kill.
Federal officers are immune from #civil lawsuits unless their conduct clearly violated a constitutional right.
This #legal standard, known as #QualifiedImmunity, has become a highly effective tool for shielding #police officers accused of using #ExcessiveForce.
@Nonilex In my opinion it's a politically motivated murder in retaliation for her exercising her basic human right to freedom of movement.
@Nonilex This is an extremely helpful thread this AM (as always), thank you. Qualified Immunity for LE is so broad, I doubt this officer will be held accountable. Since the top of the regime has lied to support his actions, likely he will have the cost of his defense paid by the taxpayers. Has his identity been disclosed or reported anywhere?
@Nonilex TLDR we are NOT gonna get rid of ice gestapo n the courts or in congress, check.
@Nonilex I should say he can be prosecuted. But it'll have to be under MN law. If federal, the sorry excuse for a president will give him a pardon AND a medal.
#Federal agents are *generally* #immune from state prosecution for actions taken as part of their official duties. However, #immunity only applies when an officer's actions were authorized under federal law & were necessary & proper.
If #Minnesota charged the agent, he could seek to move the case to federal court & argue he is immune from prosecution.
#Trump #law #murder #ExtraJudicialKillings #Minneapolis #UseOfForce #RightToProtest #ICE #CBP #Gestapo #Sturmabteilung
In my opinion it's a politically motivated murder in retaliation for her exercising her basic human right to freedom of movement. @Nonilex
At the very least it would bring the crime into the spotlight for a little longer, even if results in a travesty of justice.
To prevail, the #state would have to show the actions were outside his official duties or were objectively unreasonable or clearly unlawful.
If a judge ruled the officer was #immune, the case would be dismissed & the state would not be able to charge him again.
#Trump #law #murder #ExtraJudicialKillings #Minneapolis #UseOfForce #RightToProtest #ICE #CBP #Gestapo #Sturmabteilung
Could #Federal prosecutors charge the officer? [if this were a different admin]
Federal prosecutors can charge law enforcement officers for fatal #shootings, but the bar is very high & charges are rare.
Prosecutors would need to show the officer knew his conduct was unlawful or acted with reckless disregard for the constitutional limits of his authority, which is difficult to prove in court.
The #Trump admin has defended the officer's actions.
In addition to #federal #immunity, the agent could argue that his actions were reasonable under the #Constitution, that he acted in self-defense or that he did not act with intent to harm or kill.
Federal officers are immune from #civil lawsuits unless their conduct clearly violated a constitutional right.
This #legal standard, known as #QualifiedImmunity, has become a highly effective tool for shielding #police officers accused of using #ExcessiveForce.
Qualified immunity is a blight on our society as currently applied. The bar for justified used of force should be higher for police officers than for a civilian in a similar situation. An officer should need to prove not only that there was a reasonable fear of harm, but also that they followed all expected protocols to minimize that threat (e.g., didn’t place themself in front of a vehicle, used appropriate deescalation techniques, used the minimal amount of force necessary). I would even argue that the assumption of innocence for a police officer should be set aside - the assumption should be that an officer who killed somebody in the line of duty didn’t follow proper procedures since proper procedures would prevent that outcome. The burden of proof should be on the officer to prove there was sufficient cause for the action they took.
If the community gives an individual the sanction to use force to enforce laws, that sanction should come with responsibility to use it with care. That requires the individual be held to a strict standard of conduct. Otherwise you invite abuse of that sanction.
@Nonilex does it protect him from being dragged off and hung by a mob? Asking for a bunch of friends.
@Nonilex qualified assholism
Both the New York Times & The Washington Post have investigative video analysis today that clearly #debunk the #Trump admin’s claims that the federal officer who shot & killed #ReneeNicoleGood was in danger, that the woman was disorderly or violent, & that the shooting was necessary for any reason whatsoever.
#FactCheck #TrumpLies #law #murder #ExtraJudicialKillings #Minneapolis #RightToProtest #UseOfForce #ExcessiveForce #PoliceBrutality #Constitution #CivilRights #ICE #CBP #Sturmabteilung
@Nonilex and she was going slow too. They were mad she wasn't getting out of her car. But she committed no crime. And even if she did, nothing justified shotting her in the head, unless she had a gun pointed at them (which she didn't)
These guys must have zero fuckijg training
@Nonilex
MAGA wont believe it...they already think she was a criminal...ask me how I know
@Nonilex
But according to one post he was wrong in so many counts according to how he 'should have been 'trained.
In front of car.
Shooting at vehicle.
Etc.
So they probably have had NO TRAINING.
THEY ARE JUST THUGS
I think the state has a winnable case. I was just explaining the law & standards of proof.
Eventually, someone will fire back. Not if, when.
