Virginia Prisons Accountability Committee: "QUALIFIED IMMUNITY," YES, YOU'VE HEARD OF IT BUT DID YOU KNOW THAT THE SUPREME COURT OF THE UNITED STATES HOCUS POCUSED IT INTO EXISTENCE IN 1967? By William Thorpe

Wednesday, October 2, 2024

"QUALIFIED IMMUNITY," YES, YOU'VE HEARD OF IT BUT DID YOU KNOW THAT THE SUPREME COURT OF THE UNITED STATES HOCUS POCUSED IT INTO EXISTENCE IN 1967? By William Thorpe

People, people, people its about us, its always about us, meaning our interests, our understanding and our ability to speak up. So I begin with this excerpt from a ruling by THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, in the case ESTATE OF JONES v. CITY OF MARTINSBURG 961 F.3d 661 (2020). The opinion was delivered by Circuit Judge Floyd joined by Chief Judge Gregory and Circuit Judge Thacker."WAYNE JONES WAS KILLED JUST OVER ONE YEAR BEFORE THE FERGUSON, MISSOURI SHOOTING OF MICHAEL BROWN WOULD ONCE AGAIN DRAW NATIONAL SCRUTINY TO POLICE SHOOTING OF BLACK PEOPLE IN THE UNITED STATES......ALTHOUGH WE RECOGNIZE THAT OUR POLICE OFFICERS ARE OFTEN ASKED TO MAKE SPLIT SECOND DECISIONS WE EXPECT THEM TO DO SO WITH RESPECT FOR THE DIGNITY AND WORTH OF BLACK LIVES.BEFORE THE INK DRIED ON THIS OPINION THE FBI OPENED AN INVESTIGATION INTO YET ANOTHER DEATH OF A BLACK MAN AT THE HANDS OF POLICE,THIS TIME GEORGE FLOYD IN MINNEAPOLIS. THIS HAS TO STOP.TO AWARD QUALIFIED IMMUNITY AT THE SUMMARY JUDGEMENT STAGE IN THIS CASE WOULD SIGNAL ABSOLUTE IMMUNITY FOR FEAR-BASED USE OF DEADLY FORCE,WHICH WE CANNOT ACCEPT." (By the way, The Fourth Circuit, is the federal jurisdiction for The States of Maryland, West Virginia, Virginia, North Carolina and South Carolina).I start with this excerpt on the issue of "QUALIFIED IMMUNITY" because the robust and aggressive recent assertiveness of supremacy and racism, has made its existence known to the Joe and Jane Blows of society as such, true to the adage if you wanna hide something expose it. The present focus on "QUALIFIED IMMUNITY" despite,the correctness of identifying its insidious harm, by the good, well intended and progressive minds amongst us, has naturally ran up against the reaction of those who exploit it, evidenced by the stunt by U.S.Senator Tim Scott in its pathetic defense. So a basic explanation of QUALIFIED IMMUNITY is this, THE SUPREME COURT OF THE UNITED STATES IN 1967,came up with a scheme, (in the case, PIERSON v. RAY 386 U.S.547 (1967), a case, true to all things America and our foundation was RACE BASED and its RESISTANCE), that practically says, our GOVERNMENT THAT WRITES AND ENACTS LAWS, upon violating it, can abrogate its responsibility to repairing the harm with the gimmick that the law wasn't clearly established so we cannot hold it accountable or liable for the harm caused by the violation. The history of this gimmick, typically is anti-THE PEOPLE. I say typically, because notwithstanding the existence of a quasi-stability of (for this work) the terms of Virginia's SOCIAL CONTRACT and its relations, which, when violated, we see it repeatedly invoked by the Virginia prison official in excuse of their barbarity. The case JAMISON v. McCLENDON 476 F.Supp.3d 386 (2020) gives us one of the most comprehensive and honest examination of not only the origin and history of QUALIFIED IMMUNITY but most importantly its nefarious purpose, by Federal Judge Carlton W. Reeves of THE UNITED STATES DISTRICT COURT FOR THE 5th CIRCUIT of MISSISSIPPI SOUTHERN DISTRICT, who said "ONCE,QUALIFIED IMMUNITY PROTECTED OFFICERS WHO ACTED IN GOOD FAITH.THE DOCTRINE NOW PROTECTS ALL OFFICERS, NO MATTER HOW EGREGIOUS THEIR CONDUCT, IF THE LAW THEY BROKE WAS NOT CLEARLY ESTABLISHED" then he goes on to enlighten us with "EVERY JUDGE MUST LEARN TO LIVE WITH THE FACT HE OR SHE WILL MAKE SOME MISTAKES, IT COMES WITH THE TERRITORY BUT IT IS SOMETHING ELSE ENTIRELY TO PERPETUATE SOMETHING WE ALL KNOW TO BE WRONG ONLY BECAUSE WE FEAR THE CONSEQUENCE OF BEING RIGHT".People speak up.

By William Thorpe

I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright Unit and if you feel any kinda way about this work contact me by Securus email using the Texas prison number #2261982

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