By now we’ve all seen the footage of the train in Colorado hitting the police car stopped on the tracks, severely injuring a woman in police custody who was placed handcuffed in the rear of the police cruiser. My immediate thought was qualified immunity. There can be no doubt that the police officer was directly at fault in causing the severe injuries to the woman in his custody. No doubt about it. But unlike a doctor who negligently injures someone, a police officer get to assert qualified immunity.
Qualified immunity is unfair and needs to be abolished. A lawyer representing this woman, if a lawsuit is filed, is going to have the legal requirement to point to some past clearly established case law describing the officer’s conduct as a civil rights violation. Well, how many cases have there been in any particular jurisdiction where police officers let people in their custody get hit by trains? Moreover, as I’ve explained before, to establish section 1983 liability, you have to allege intentional conduct – not negligence or incompetence. Some intentional or purposeful conduct. For this reason, when one police officer accidentally shoots their partner, there’s generally no liability. I did a video on that one already.
I took a quick look at the case law in the jurisdiction where this train incident happened, which is Colorado, which is in the Tenth Circuit Court of Appeals. So that’s where you want to look first for federal civil rights case law. I have a theory of liability here. First, take a look at some of the new footage released, from another angle.
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More on qualified immunity: https://thecivilrightslawyer.com/2020/06/22/what-is-qualified-immunity-and-why-does-it-fail-at-life/
Pigs fault it did on purpose no doubt 😊
Great summary..here is hoping some attorneys in that jurisdiction have watched this channel and reach out to you.
it will be a major crime if they are not held to account for this totally moronic behavior
Both listening to the audio and reading the transcript, what I hear at starting about 3"00 is "Splash (pipe?) I'm on 12. Start medical, please. My cars has been hit by the train." No mention of the human being inside, no demand for fast service because of a possibly seriously injured handcuffed human being inside his police car. He left that part out, but why? Was he trying to prevent there being a verbal recording that he was aware of the citizen being in his car, physically secured, in his custody? Was he really thinking more of his vehicle than of the citizen? How callous to not even mention the very likely state of serious, potentially deadly injury suffered by a woman inside the locked vehicle, handcuffed and possibly belted into the back seat.
Before the train, when there was possible still time to get the caarr out of canger, the cop is trying to make some excuse that the occupant had time to trhow something out the window; he never said he saw that happen, just that it was somehow a possibility because she had slowed, maybe slowed for the train tracks. He wasted precious time trying to establish this "story" that would absolve him of blame for the possibly illegal stop, when the sound of the train's horn let him know a bigger danger than some ghost item thrown out a window was about to go down.
I hope the responsible cop hears train whistles every day for the rest of his pitiful life. What the heck was he thinking parking on train tracks? How stupid can you get, to put your citizen in custody in such terrible danger. Was he trying to commit murder, or just too stupid to breathe?
The moment you knew you "F'D" UP!"
Colorado eliminated qualified immunity
3 Officers and No Officers Thought They Shouldn’t of Been on Railroad Tracks, Occupied or Not??
So, what did they charge her with?
When i watched this from the start she was backed up told to kneel and handcuffed and put in the car, i dont recall her being told she was being detained or being read her rights just put in the car. Odd dat aye.
Even if it's a defunct RR track that hasn't been used in a 100 years. Parking up on it just seems like bad Juju.
if i immobilized someone and put them in a car on a railroad i would expect to be charged with murder, if the prosecuter doesn't agree maybe they should be given a more in person example of what that might feel like?
don't want them hurt of course, then they wouldn't be able to do their job and put every officer there at the time in jail.
The blue line gang will sweep this under the rug. Qualified immunity must go.
Ахуеть. Those cops ARE killers! And stupid idiots.
I hope this poor woman's lawyers see this video. I'm sure this information would help them a great deal
The level of incompetence is positively staggering. You can park your car literally anywhere and you choose train tracks? And leave someone handcuffed inside it on said train tracks!? Whiskey tango foxtrot…
I believe CO. has a qualified immunity ban, im not sure the full ban.
should be dragged into court, my cr is bit by a train, an not mentioning that someone in in that car..
WHY AMNESTY WILL NEVER HOLD AMERICA ACCOUNDABLE FOR SEVERE HUMAN RIGHTS VIOLATIONS!!???? AMERICAN ORGANIZATION.!!! STINKS . CORRUPTION.😡😡👿💩👮🐷🇺🇸
1 3 4 5 6 certainly apply here. Only a complete fu kin moron would park their car on a railway line. Only a complete fu kin moron would leave their car parked on a railway line with the prisoner still inside the car. The police officer had no interest in the safety of the prisoner and was interested in nothing more than collecting evidence.
They had to ask each other if the woman was in the car? They didn't remember where they placed her? What idiot parks on train tracks to begin with, I know police have over inflated egos, but come on…a train? But they didn't remember where they put her???? Why do cops continuously have to prove they aren't the brightest bulbs in the package? They should stop doing that.
Qualified immunity is not a law. It was never voted by the congress, senate or signed by a president.
I've known a lot of cops. Most were as dumb as this one.
Great job on explaining that and I agree qualified immunity ( should be abolished) and all criminal government officials including law enforcement should pay out of their own pocket and pensions and get the same treatment that we would get.
They clearly need to start hiring people with more then a eight grade education and a GED
Qualify imuitiy is nothing but and escape goat for stupid cop's
Even if she was not in the car, he could have caused a serious train accident.
The ARROGANT STUPIDITY of this "so called" cop that he can park on railroad tracks without fear of an oncoming train leaves me speechless.
I'm sure they're going to try to say the train should have seen the emergency lights on the police vehicle and slowed down or tried to go around it. And from the looks of it the train must have been speeding so they'll give the engineer a ticket for that also
I thought qualified immunity was abolished in Colorado
Reed v Rodriquez
If you read the transcript of the conversation when they stopped her, it is obvious they stopped the wrong person and she had no idea why she was pulled over. She didn't have any effing gun; she answered that plainly, and would know that if she lied they would find it searching. The effing cops planted a gun in her truck after they let the train hit her because they knew they would have to find some kind of justification. You will note that she has been released from the hospital and has NOT been charged with anything at all. If they had one single shred of evidence to charge her with any kind of trumped up charge they would have done it by now to save their a*ses. Don't think they won't do it to you too. Vote out the corrupt politicians and judges who have turned this country into a tyranny complete with Nazi stormtroopers.
Cops are tyrannical clowns but what's funnier is people really beleive they are here to "protect and serve"
Funny stuff.
During high school drivers education wasnt a topic covered don't stop, park, block or attempt to beat a train at a crossing, as trains always have to right of way?? Just asking.
Yeah, if some ambulance chaser claims officers should have a shyster in their pockets at all times to see if sometimes violent criminals they have to apprehend are being treated "nicely" we should really listen. That's what we all need.
abolish QI
What idiot parks on train tracks?
Oh, wait
I thought Colorado did away with qualified immunity.
When cops are immune from traffic laws they learn to ignore them and might recklessly park on the train tracks. They stop asking themselves "is this legal?"
I was under the understanding that the state of Colorado did away with qualified immunity.
in that case why don't they just go ahead and give doctors qualified immunity even lawyers for that matter
Ohio is an at fault state but when my six-year-old gets ate up by the neighbor's Pitbull just because they're poor and don't have any money saved up lawyers won't sue them and they won't sue the dog warden that's been called to this house several times for this dog tearing up other people and animals
They acted shocked for their body cams! This was intentional attempted murder! They knew they put her in a vehicle on the tracks and the train could be heard coming.
This cop was more worried about getting evidence against this woman instead of I don't know getting the heck off the tracks
Female cops are hilarious 😂😂
Even if nobody had been hurt, anyone stupid enough to park ANY vehcile on a railway line should be charged with reckless endangerment of railway personnel. This pinhead should not only be dismissed from the police force, he should be looking at a minimum of ten years of hard time for this shit.
There is no legal basis for "qualified immunity" whatsoever. It's an obvious violation of the Equal Protection clause of the constitution.
It was pulled out of the ass of some goddamned government shyster in a dress because he was too much of a pussy to enforce the law on a uniformed goon. It is a disgrace to the honor of the united states that we the people ever tolerated it at all. It should have ended the day it was first tried out, with the judge responsible being run out of town on a rail.
Please dont protect the guitly: what are the names of these incompetent scumbags?
The lady cop put her in there.