After being tied up in court for years, the 8th Circuit Court of Appeals has ruled in favor of the officer, by calling his use of handcuffs on the not-quite-4-foot, 50-pound boy a “reasonable course of action' because of qualified immunity.
Kalyb Wiley-Primm was just 7 years old when he found himself face to face with the law — not because he did anything wrong, but because, after being taunted by a group of boys about his hearing impairment in the middle of class, he began to cry, which led to his being escorted out of the room — and handcuffed — by school officer Brandon Craddock.
“Would the officer have removed, handcuffed a 7-year-old white girl?” asked just one angry critic on social media, where many have taken up a discussion of the case’s implicit bias. It all rests with the officer’s defense of “qualified immunity” — a doctrine with a complicated and contentious history.
In a nutshell, it operates as an unwritten defense to certain civil rights lawsuits, preventing plaintiffs from recovering damages for violations.In 1981’s Harlow v.
The 1995 Hope v. Pelzer case, for example, concerned correction officers who had handcuffed a shirtless prisoner with his arms above his head — to a hitching post, for seven hours, in the scalding sun. A guard even teased the victim by giving water to a guard dog right in front of him. The Supreme Court found these actions to be such an “obvious” violation of constitutional rights that the officers should have known better and ruled that the defense did not apply.
When officers arrived, they instructed everyone to lay on the ground, even the kids — two of which were under 3 at the time. In an attempt to shoot the family dog , Officer Michael Vickers missed and shattered a child’s knee. His family sued, but the 11th Circuit granted Vickers qualified immunity stating that, according to precedents, “a Fourth Amendment violation occurs only when [an officer] intentionally targets the person [harmed].
Indonesia Berita Terbaru, Indonesia Berita utama
Similar News:Anda juga dapat membaca berita serupa dengan ini yang kami kumpulkan dari sumber berita lain.
Prosecutor: Man body-slammed boy after national anthem snubA man is facing an assault charge after Montana authorities say he threw a 13-year-old boy to the ground at a rodeo because the teenager didn&39;t remove his hat when the national anthem was played. Court documents filed by Mineral County Attorney Ellen Donohue said the boy was flown to the hospital
Baca lebih lajut »
Montana boy, 13, slammed to ground at rodeo after keeping hat on during national anthemA 13-year-old was seriously injured when a man at a Montana rodeo slammed him to the ground after the boy did not remove his hat during a playing of the national anthem, authorities say. The boy had to be airlifted to a hospital out of state.
Baca lebih lajut »
Lawsuit alleges Boy Scouts had a pattern of 'concealing' pedophile abuseThe latest in a growing number of lawsuits against the Boy Scouts of America is filed, claiming that the organization didn’t do enough to protect young boys from sexual abuse at the hands of numerous adult scout leaders.
Baca lebih lajut »
Nearly 800 Former Boy Scouts Come Forward With New Sex Abuse Allegations"It’s the largest pedophile ring on earth," attorney Tim Kosnoff said during a Tuesday press conference discussing a new lawsuit against the organization.
Baca lebih lajut »
6-year-old boy stuns with graphic T-shirt on first day of schoolA photo of a 6-year-old boy rocking a custom T-shirt his own mother designed on his first day back at school has gone viral.
Baca lebih lajut »