(01-26-2026 01:37 PM)TripleA Wrote: (01-26-2026 12:46 PM)Attackcoog Wrote: (01-26-2026 12:44 PM)TripleA Wrote: (01-26-2026 12:41 PM)Attackcoog Wrote: (01-25-2026 10:56 PM)TripleA Wrote: I was with you all the way until your last sentence. You think the perp's family has a case in civil court? I don't see how, since he was clearly in the wrong legally, and started the entire interaction.
Idk. Maybe. If the family has a successful case, it will be because in retrospect, its clear no police lives were actually in danger at the time lethal force was used. The fact is, the officer to the rear clearly opened fire with no real idea as to where the actual danger was. If he could see the guys hands, then he would have known his target was not shooting at anyone---if he couldnt see his targets hands, then he basically had little basis to assume that was the source of gunfire. He just "assumed" it was the source of the gunshot---which could potentially be a problem depending on the jury. Not saying a suit would be successful----just saying I could see how it might.
AC, go back and read Rath's comments. The officers and the agency have "qualified immunity," which Rath says is a high bar, and likely will suffice in this case.
I also did a search which gave some of the details of immunity.
The officers have qualified immunity. I think they can sue ICE. At least thats how it works at the local police level.
NO. They cannot likely sue ICE. Btw, those were likely CBP agents, although it doesn't matter.
The search says the agents AND the agency have qualified immunity. Rath confirmed it. If you are correct about local police, then it's simply different.
Key Recent Instances of Rejected Qualified Immunity
LAPD Shooting (2026): A federal judge denied immunity to LAPD officers in the 2022 shooting of Jermaine Petit, finding body camera footage showed he was walking away and did not pose an immediate threat.
Target Store Shooting (2026): A judge denied immunity to Ocola County deputies, stating their use of deadly force in a, 2026 incident was too egregious to warrant protection.
Wrongful Arrest (2025): The 5th U.S. Circuit Court of Appeals denied immunity to a Jackson police detective, with Judge Don Willett criticizing the doctrine's "legal, social, and practical defects".
"Just Following Orders" (2026): Courts, including the 5th and 6th Circuits, have rejected a blanket defense that officers are shielded simply because a superior ordered the action, requiring a more detailed analysis of whether the order was reasonable.
When Qualified Immunity Does Not Apply (Key Scenarios):
Violation of Clearly Established Law: If a court has already ruled that an action, or one with nearly identical facts, is unconstitutional, an official cannot claim immunity for doing it again.
Unreasonable Mistake of Fact: Even if an official makes a factual mistake (like thinking a phone is a gun), they lose immunity if a reasonable officer wouldn't have made that mistake in the same situation.
Malicious or Deliberate Indifference: Officials who act with intent to harm or show reckless disregard for rights are generally not protected.
No Relevant Precedent: If there isn't enough case law to put the constitutional question "beyond debate," officials might lose immunity, as courts look for clear guidance.
State-Level Changes: Some states (like Colorado) have passed laws to limit or abolish qualified immunity for state-level lawsuits, creating separate standards.
Criminal Cases: The doctrine doesn't prevent state or federal criminal charges against officers.
The Two-Part Test for Granting Immunity:
A judge typically uses a test to decide if immunity applies:
Violation: Did the official violate a constitutional right?
Clearly Established: Was that right "clearly established" at the time of the conduct?
The cop walked away with a loaded gun, quickly and with his finger on the trigger. Should have 100% known not to do that