Federal Judge Likens Qualified Immunity to Segregation in Brutal Opinion Criticizing Supreme Court Precedent – By Colin Kalmbacher (Law and Crime) / Aug 4 2020
A federal judge hammered the judge-made doctrine of qualified immunity in a ruling granting qualified immunity to a police officer on Tuesday.
In a 72-page opinion and order, U.S. District Judge Carlton Reeves, an outspoken critic of American culture/racism past and present, ultimately ruled in favor of a white police officer, Nick McClendon, who was sued for racially-profiling and terrorizing a Black working man, Clarence Jamison, on the side of the highway in 2013.
In the process, however, the Mississippi jurist laid down the gauntlet and called for the doctrine to be cast into the dustbin of American history.
Reeves said the Supreme Court should “eliminate” qualified immunity just as it swept away “separate but equal.”
“Over-turning qualified immunity will undoubtedly impact our society,” Reeves writes. “Yet, the status quo is extraordinary and unsustainable. Just as the Supreme Court swept away the mistaken doctrine of ‘separate but equal,’ so too should it eliminate the doctrine of qualified immunity.”
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