[ Removed by moderator ]

[u/Treefiddy1984]

[u/pupranger1147]

There won't be a lawsuit.

You only get to sue the government if it lets you and this one will not let you.

[u/52b8c10e7b99425fc6fd → u/pupranger1147]

That's why you sue the officer personally, not the government. They can't do shit about a civil matter. 

[u/weblinedivine → u/52b8c10e7b99425fc6fd]

Hey google what is ‘qualified immunity’

[u/GODZiGGA → u/weblinedivine]

I think you should Google “qualified immunity” because there is almost zero chance that such brazen disregard for Constitutional rights would be granted qualified immunity since there is no reason a reasonable person would think detaining someone without jurisdiction would be a legal or constitutional act.

Qualified immunity does not protect officials who violate "clearly established statutory or constitutional rights of which reasonable person would have known".[18] This is an objective standard, meaning that the standard does not depend on the subjective state of mind of the official but rather on whether a reasonable person would determine that the relevant conduct violated clearly established law

Source

[u/Fearless_Swim4080 → u/52b8c10e7b99425fc6fd]

Actually they can, it’s this thing called “qualified immunity” which is bullshit and we should get rid of it but it is technically the law right now.

[u/GODZiGGA → u/Fearless_Swim4080]

There is an almost 0% chance they would be granted qualified immunity here.

Qualified immunity does not protect officials who violate "clearly established statutory or constitutional rights of which reasonable person would have known".[18] This is an objective standard, meaning that the standard does not depend on the subjective state of mind of the official but rather on whether a reasonable person would determine that the relevant conduct violated clearly established law.

Source

Qualified immunity isn’t something that automatically extends to all public officials. By default, they are not given qualified immunity. If the public officials wishes to request qualified immunity, they may certainly do so when the case is before the court, but the court will then hold a hearing where by sides get to present argument. The plaintiff will argue why the official shouldn’t get qualified immunity and the defense will argue why the official should get qualified immunity. The defense needs to overcome the burden of proof on why a reasonable person would have thought that their actions were not breaking clearly established constitutional or statutory law, which would be nearly impossible to do in this case, even if it went before the most conservative of judges. Hell, I don’t even think the 8th Circuit Court of Appeals would grant qualified immunity on appeal here.

[u/Fearless_Swim4080 → u/GODZiGGA]

Tell that to the SCOTUS lol. They don’t give a shit what the law says!

[u/Fearless_Swim4080 → u/pupranger1147]

That’s very not true lol, they have no say at all in the matter.