Why? Because you need an ID to lie on a park bench, but you don’t need one to vote.
It’s time for qualified immunity to go. As a health care professional, I have to carry a million dollars in malpractice insurance. It’s time we make cops do the same.
Can we here in Florida get a petition to have this added to next year’s election as a State Constitutional Amendment?
Facts of this case:
On June 7, 2019, Keokuk, Iowa Police Officer Tanner Walden responded to a report that someone was sleeping in a park. Walden found Land, who was watching the sunset on a park bench. Land told Walden that he had not been sleeping and was not in distress. Walden asked for identification, and Land refused. Walden arrested Land for misdemeanor interference with official acts. During a search, officers found drug paraphernalia and added a misdemeanor charge of possession of drug paraphernalia. The incident was captured on Walden’s body-worn camera.
On August 27, 2019, a judge dismissed the charges against Land because the pretext for the stop was improper.
On June 6, 2021, Land filed a federal lawsuit against the city and Walden, claiming violations of his rights under the Fourth Amendment.
On September 20, 2021, the city claimed that Walden “exercised all due care to comply with the law and is entitled to qualified immunity” and also (in October 2022) that Walden had reasonable suspicion as required by Terry v Ohio and probable cause to arrest Land.
On October 26, 2022, the judge disagreed when he ruled that Walden’s contact with Land should have ended when it became clear that Land was not sleeping in the park or in need of assistance, and that the city was not responsible for Walden’s actions.
On November 22, 2022, the city settled the lawsuit for $30,000.
