ILLINOIS VILLAGE GETS A SPANKING OVER QUALIFIED IMMUNITY.The Seventh U.S. Circuit Court of Appeals has chastised chas·tise tr.v. chas·tised, chas·tis·ing, chas·tis·es 1. To punish, as by beating. See Synonyms at punish. 2. To criticize severely; rebuke. 3. Archaic To purify. the village of Winnetka, IL, pointing out that when it stipulated to all the facts alleged in a lawsuit against its police, it lost all hope of getting qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. . "If the facts are as alleged, a reasonable police officer in the position of these defendants would have known for sure that their actions violated the Constitution, and so the defendants cannot shelter behind the defense of official immunity Noun 1. official immunity - personal immunity accorded to a public official from liability to anyone injured by actions that are the consequence of exerting official authority ," Judge Richard A. Posner wrote Nov. 4 for the three-judge panel in Herzog v. Village of Winnetka et al. (02-1991). Schoolteacher Maris Herzog said she was driving home after a dinner at which she had two sips of wine when she noticed something wrong with the lights on her dashboard and pulled over to check her exterior lights. A probationary police officer identified as Powell allegedly pulled up behind her, ordered Herzog to get back in her car and checked her license and registration. Finding both in order, she then allegedly ordered Herzog back out of her car, pushed her down, handcuffed and arrested her and ordered her to take some sobriety tests, which Herzog passed - cracking a tooth on a personal breath-screening device in the process. Then Powell allegedly took Herzog to the police station, where an officer identified as Colleran allegedly laughed at her for complaining her cuffs were too tight, administered another breathalyzer breathalyzer Public health A device used to detect alcohol on a suspected drunk driver's breath; see DWI test (which she again passed) and approved her transportation to a hospital for blood and urine tests. Charges against her of speeding and driving under the influence were dismissed. Herzog sued the village and the officers under 42 U.S. Code A multivolume publication of the text of statutes enacted by Congress. Until 1926, the positive law for federal legislation was published in one volume of the Revised Statutes of 1875, and then in each sub-sequent volume of the statutes at large. Section 1983, which allows lawsuits against police depriving individuals of their federally secured rights "under color of law The appearance of a legal right. The act of a state officer, regardless of whether or not the act is within the limits of his or her authority, is considered an act under color of law if the officer purports to be conducting himself or herself in the course of official ." The trial judge dismissed the suit; she appealed the dismissal of the claims against the individual officers and prevailed in the Seventh Circuit. Lawyers for Winnetka stipulated to all the facts as alleged in the lawsuit as "true and complete," relying only on qualified immunity - an officer's reasonable belief he or she wasn't violating constitutional rights. That was a mistake, the Seventh Circuit said. "Recall that for purposes of this appeal the defendants have conceded that the facts we have recited are not only true, but complete; that is, there are no other facts on which to base our decision," wrote Posner, author of some of the most consistently readable opinions to come from the federal bench. "Therefore we must accept that the arrest was made without probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. and hence in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures; and that without provocation or excuse Powell shoved the middle-aged female plaintiff to the ground and Colleran refused to loosen the plaintiff's chafing chafe v. chafed, chaf·ing, chafes v.tr. 1. To wear away or irritate by rubbing. 2. To annoy; vex. 3. To warm by rubbing, as with the hands. v.intr. handcuffs hand·cuff n. A restraining device consisting of a pair of strong, connected hoops that can be tightened and locked about the wrists and used on one or both arms of a prisoner in custody; a manacle. Often used in the plural. tr.v. , both instances of excessive force," Posner said. Winnetka can still revive its case in the lower court, he added. |
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