Qualified Immunity in Aurora, CO - I have a question

[jd950]

Yes, but it is common in such discussions for people to incorrectly assert that cases such as Garner and Graham are controlling in state level prosecutions.

A number of states have constitutional provisions similar or identical to those found in the U.S. Constitution. There, the state courts have often applied the same or similar analysis to claims brought under those state constitutions. Some states have been tinkering with their laws in an attempt to broaden liability, including Colorado, California and Washington (state). It will be several years before we know how this will all turn out.

At the same time, some federal circuits( including the 10th Circuit which includes Colorado) have begun trying to water down Graham. https://www.police1.com/use-of-force...FW72RhgBpRNgw/

There is a nationwide effort to move from "objectively reasonable" to "necessary" or "unavoidable." Those terms have not been adequately tested in the courts to know what they are ultimately going to mean.

The use of force and particularly the use of deadly force is a landscape strewn with landmines, and the number of landmines increases all of the time. But that isn't all; these new laws and policy changes issues also impact investigatory stops, arrests and searches. If this a continues we will see more and more cops functioning like firefighters; they will sit and wait for a call and go handle the call, then go back to sitting and waiting (no offense to firefighters, that is just how it works).

Increasing reluctance to use force will result in more and more "bad guys" hurting more and more innocents.

Not surprisingly, for some in law enforcement, administrative and detention positions seem to be much more desirable than they used to be.

[Le Français]

Not surprisingly, for some in law enforcement, [...] detention positions seem to be much more desirable than they used to be.

You know it’s bad if being a CO seems better from a liability standpoint...

[GyroF-16]

wow, she's a piece of work, eh? and her bill initially called for $100,000 individual liability. LOL. yeah, THAT'LL help recruiting...

“If they’re leaving because of this accountability, then maybe it’s time to think of a new profession,” Herod told The Denver Post. “It should be that an officer has some personal skin in the game.”

frankly, i think you guys should have NO personal skin in the game

I would point out to her that cops ALWAYS have skin in the game. Literally.
When force is used, the risk to the law enforcement members on scene is far from theoretical.

[smokeman]

I would point out to her that cops ALWAYS have skin in the game. Literally.
When force is used, the risk to the law enforcement members on scene is far from theoretical.

not the skin i'm talking about

[GyroF-16]

not the skin i'm talking about

I understand.

But she doesn’t. Or doesn’t care.