Qualified Immunity on the Chopping Block

A Mississippi federal judge has challenged the qualified immunity defense that police officers use to deflect responsibility for their degrading treatment of suspects and innocent citizens.

In Jamison v. McClendon, U.S. District Court Judge Carlton Reeves recently concluded that Officer Nick McClendon violated Clarence Jamison’s Fourth Amendment rights when he subjected Jamison to a nearly two-hour ordeal that included badgering, pressuring, lying and intrusively searching his car. But the judge’s hands were tied by the qualified immunity doctrine so he was forced to deny Jamison’s legal claim. Reeves, an African American man, traced the development of the law and the institutional racism and police brutality that continue to plague our society. “Black people in this country are acutely aware of the danger traffic stops pose to Black lives,” the judge wrote.

Police behavior in the Jamison case is reminiscent of the United States in the 1930s when American citizens considered themselves safer on the streets than inside their local police precincts. Rubber-hose torture was a way of beating a confession or information out of a hapless captive of any color or creed while leaving their outer skin largely unmarked. Its use was common until the Supreme Court outlawed it. Times have changed. The domestic terror and psychological abuse of the rubber-hose treatment has emerged again with the aid of plausible disguises afforded by the drug war. Jamison v. McClendon is likely to be appealed and decided by the U.S. Supreme Court.

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7 Responses to Qualified Immunity on the Chopping Block

  1. Son of Sam Walton says:

    Now an angry officer will have a harder time getting away with destroying property and rights on someone they have ‘beef’ with

    Many years ago, Servetus dated this person and it happened to be the ex of a former police officer and ever since then, that officer felt like Servetus needed to be taught a lesson. All because Servetus has dance moves you only see on MTV, making him the better choice. Qualified Immunity will no longer protect this officer. Now, he’ll need to be better in bed or on the dance floor, instead of using his ‘bullying powers’ to suppress the competition.

    And not giving another officer or their spouse a speeding ticket when they are speeding is corruption and bribery, since they are offering tit for tat. Cops are the Redcoats of our society, which makes them foreigners to our ways.

    Like 80s Thrash Metal, the Constitution is having a resurgence. Freedom is coming back in style.

    • Son of Sam Walton says:

      ‘the officer was current, not former’ sorry, but I don’t have ‘edit’ options after posting, but only on Chrome.

  2. we’ve lost a couchmate…

    RIP Dr. Chip Dr. Mett Bagley “Chip” Ausley Jr.

    Chip was a MAPster, he Newshawked articles to the DrugNews archive and was one of our letter writing crew

    Thanks to Kirk Muse for the heads up

  3. Hope says:

    Rest in peace, Chip. Thank you for all you did and tried to do.

  4. DdC says:

    How’s your day going? Lovely weekend in beautiful Santa Cruz. Fire on the Mountain. Home of the Banana Slugs and under staffed responders. Fed kicked in some today, Gov says 357 fires in state. Lightning, hot and dry. Trump promises more vacuum cleaners. But thru pandemic, inferno, heat, or mud the Pot Shop still delivered some bud. How you doin NCN? Hey FL, Send us some rain…

    ☛ August 23, 2020
    CZU Lighting Complex: More Than 77,000 Driven From Threatened Homes; Big Basin State Park Devastated By Flames

    ☛ California wildfires claim several marijuana farms, threatening growers with financial losses.

    The world has topped 23 million coronavirus cases, with the US confirming more than 44,000 new infections in a 24-hour period to Saturday.

    ☛ Ah, excuse me politician, Hempcrete’s Fireproof Street Cred Gets A Boost

    ☛ Building Materials & Housing

    Turnin that frown upside down,
    Like a bump in the road,
    into a pothole?

    Waiting on Evacuation orders, for 3 days. Cv19 Sheltering, packed bags in case the cop siren beeps low then high. Few miles from the fire line if the weather holds I’ll be out of that danger. Closer to the beach than coastal redwoods. They chased out all the tourists, closed the beach. Motels filled up with evacuees. Civic center loaded, in a pandemic. A few Lowlifes busted for looting. Did a lot of hiking different parts on fire now. Big Sur, Carmel also ablaze. Mountain towns and UCSC evacuated. Stopped N of the city. I guess I’m surrounded N,S,E with the ocean West. When I got here 30 years ago the only thing I was concerned a bit about, being East Coast mostly. Earthquakes. Haven’t seen one of them, kow. Maybe I’ll buy a houseboat.✌️

    Blank Post said “what’s on your mind?” I don’t know, ewe get it off, get it off!

    ☛ Ganja Eases Traumatic Memories

    ☛ SLEEP AND RELAXATION

    ☛ Lung Cleaner and Expectorant

  5. interesting… “recent comments” is showing comments from 2013

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