Author name: twoods

Amicus, Criminal Justice, Policing and Law Enforcement

A “Disturbing Trend” in Qualified Immunity Doctrine

By looking to see whether Salazar-Limon denied reaching for his waistband, the Court implicitly accepted Thompson’s account of the encounter as true, or at least, more credible than Salazar-Limon’s. Doing so, Justice Sotomayor noted, adds to “the increased frequency of incidents in which [police allege that] unarmed men . . . reach empty waistbands when facing armed officers.” Once again, she noted, the Court had accepted officer Thompson’s arguably implausible testimony as implicitly more credible than that of the actual unarmed citizen.

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