- Allen Thomas explains that qualified immunity has its philosophical origin in a constitutional test and explains the history behind this concept.
Guest Allen Thomas, author of The Scary History of Qualified Immunity, reviews his piece with Kim. Allen explains that qualified immunity has its philosophical origin in a constitutional test and explains the history behind this concept. There is no law on qualified immunity as it was brought forth by a Supreme Court case. The Court said you may experience a violation of a constitutional right, but there is no protection of your right if there is not a constitutional case that can be cited. Kim notes that qualified immunity in Colorado SB20 217 is only applicable to local law enforcement and state law enforcement is excluded. Allen and Kim advocate that all elected representatives bureaucrats and agencies should be exempt from qualified immunity.
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