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justinamash's profile
Justin Amash
Justin Amash
Justin Amash
Verified account
@justinamash

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Justin AmashVerified account

@justinamash

I defend #liberty • Libertarian • “Laws must be general, equal, and certain.” —F.A. Hayek

Michigan
Joined January 2011

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    Justin Amash‏Verified account @justinamash May 31

    This week, I am introducing the Ending Qualified Immunity Act to eliminate qualified immunity and restore Americans’ ability to obtain relief when police officers violate their constitutionally secured rights.pic.twitter.com/PiNYP8cX8i

    6:30 PM - 31 May 2020
    • 25,641 Retweets
    • 79,649 Likes
    • Tarantula Hawk🔔🦇 Occam's Banana 🍌 "Fiery but mostly potassium" CR〽️ Peaceful but Mostly Fiery Dave Kevin McAlpin Jambalayaaaaa B-Lane Traffy Ms. E Unity Over Division
    1,538 replies 25,641 retweets 79,649 likes
      1. New conversation
      2. Justin Amash‏Verified account @justinamash May 31

        As part of the Civil Rights Act of 1871, Congress allowed individuals to sue state and local officials, including police officers, who violate their rights. Starting in 1967, the Supreme Court began gutting that law by inventing the doctrine of qualified immunity.

        20 replies 1,102 retweets 5,068 likes
        Show this thread
      3. Justin Amash‏Verified account @justinamash May 31

        Under qualified immunity, police are immune from liability unless the person whose rights they violated can show that there is a previous case in the same jurisdiction, involving the exact same facts, in which a court deemed the actions to be a constitutional violation.

        13 replies 860 retweets 3,962 likes
        Show this thread
      4. Justin Amash‏Verified account @justinamash May 31

        This rule has sharply narrowed the situations in which police can be held liable—even for truly heinous rights violations—and it creates a disincentive to bringing cases in the first place.

        4 replies 589 retweets 3,423 likes
        Show this thread
      5. Justin Amash‏Verified account @justinamash May 31

        If a plaintiff knows there is no prior case that is identical to theirs, they may decline to even file a lawsuit because they are very unlikely to win.

        4 replies 449 retweets 2,863 likes
        Show this thread
      6. Justin Amash‏Verified account @justinamash May 31

        Even if a plaintiff does file a case, a judge may dismiss it on qualified immunity grounds and decline to decide whether the plaintiff’s rights were violated, meaning the constitutional precedent still isn’t established and so the next plaintiff still can’t recover.

        5 replies 455 retweets 2,856 likes
        Show this thread
      7. Justin Amash‏Verified account @justinamash May 31

        This can create a permanent procedural roadblock for plaintiffs, preventing them from obtaining damages for having their rights violated.

        6 replies 408 retweets 2,706 likes
        Show this thread
      8. Justin Amash‏Verified account @justinamash May 31

        Qualified immunity was created by the Supreme Court in contravention of the text of the statute and the intent of Congress. It is time for us to correct their mistake.

        7 replies 566 retweets 3,134 likes
        Show this thread
      9. Justin Amash‏Verified account @justinamash May 31

        My bill, the Ending Qualified Immunity Act, does this by explicitly noting in the statute that the elements of qualified immunity outlined by the Supreme Court are not a defense to liability.

        15 replies 497 retweets 3,055 likes
        Show this thread
      10. Justin Amash‏Verified account @justinamash May 31

        The brutal killing of George Floyd by Minneapolis police is merely the latest in a long line of incidents of egregious police misconduct.

        17 replies 483 retweets 3,195 likes
        Show this thread
      11. Justin Amash‏Verified account @justinamash May 31

        This pattern continues because police are legally, politically, and culturally insulated from consequences for violating the rights of the people whom they have sworn to serve. That must change so that these incidents of brutality stop happening.

        40 replies 990 retweets 4,688 likes
        Show this thread
      12. Justin Amash‏Verified account @justinamash May 31

        Until then, we must ensure that those whose rights are violated by police aren’t forced to suffer the added injustice of being denied their day in court.

        114 replies 535 retweets 3,580 likes
        Show this thread
      13. End of conversation

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