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.
13 Comments
Noway2 · October 13, 2024 at 8:11 pm
Yet another case of refuse to present ID even when not legally required to do so and the stupid badge monkey goes ape shit.
C · October 14, 2024 at 5:41 am
I still don’t understand it. I guess that’s another reason why I couldn’t be a cop. No crime committed? I’m not going to dig for one. Don’t want to talk to me, don’t want to give me ID, and you tell me to go fuck away? Yes sir! I’ll do just that. Have a nice day!
joe · October 14, 2024 at 6:03 pm
i’ve stopped cars before thinking i saw their sticker expired…when i got to the car it was valid…at that point, i thank them and leave…in tx, technically you could stop a car just to see if they have a license but if things went south, you can’t justify that…at least i can’t…if you find there isn’t an offense, you need to leave…there are a shit ton of audit videos on youtube if you want to watch some funny stuff…
Matt · October 18, 2024 at 3:36 am
Exactly. Why is it necessary to screw with this guy?
Doublethink · October 19, 2024 at 11:56 am
Getting rid of qualified immunity is a bad idea. That would pretty much kill the recruitment of any new officers and also any form of pro-active police work. The effects of this have already been documented in studies such as the Ferguson Effect.
Comparing it to malpractice insurance is ridiculous for several reasons. Police officers often have to use force to affect an arrest, especially with violent/armed offenders. If officers were sued everytime they tazed someone, or took someone down to the ground who was resisting arrest it would pretty much destroy law enforcement. Police also have to provide first aid as they are often first on scene. If qualified immunity goes and you’re ever in an active shooter situation, you’re now looking at waiting several hours for medical attention until Police can make the scene safe enough for EMT to come in. BLM would definitely support this idea but untold numbers of people would die because of it.
Instead of punishing all of law enforcement for the actions of a few, maybe requiring more training, especially legal training on federal laws & state statutes would be a better idea. I would like to see law enforcement get better, not worse.
wojtek · October 13, 2024 at 8:40 pm
But the judge ruled that Walden was not entitled to the QI in this case, right? Cause I’m assuming that’s the only way the process could continue.
Anyhow, the most interesting part of this case is that the “member of the public” who reported a “sleeping guy” was none other than the Assistant Chief of Police (or whatever is the official title of a big cheese in KPD), who at that time was not on duty.
So officer Walden was clearly very closely watched. But it looks like he passed his exam, because now he is a captain in KPD.
Grumpy51 · October 13, 2024 at 8:52 pm
If I’m reading/understanding correctly, the judge ruled that the officer did NOT fall under qualified immunity. Therefore, the officer should’ve been sued individually for deprivation of rights (or similar in OH). Did I miss something??
Wilson · October 13, 2024 at 9:36 pm
Should be $10 million ,out of the cops pocket first , and the city 2 nd. This shit might stop then
TakeAHardLook · October 14, 2024 at 1:05 am
At least we can be happy that the cop did not draw his weapon to further escalate this absurd “police action.”
Where are the cops who are rational enough to assess the matter, ask the man if he requires any assistance–then go away, leaving him to his contemplation of a sunrise?
No! There are none. Cops see red when a citizen fails to snap to attention regardless of the absurdity/lack of merit of the worthless confrontation. It’s not any perceived breaking of the law. Rather, it’s a citizen who refuses to be cowed by the “peace officer.”
I’ll bet that the guy on a paddle board, alone in San Diego Harbor, arrested for violating an inane COVID restriction, felt the same way: worthless, needless and inappropriate exercise of authority for the pure pleasure of telling non-cops what they may and may not do.
Plague Monk · October 14, 2024 at 3:20 am
This is one of the main reasons I am VERY reluctant to vote for Donald Trump; his support for qualified immunity for Orcs in Blue.
I worked a very good contract some years ago, and the engineering manager absolutely hated the swine. He would buy good quality donuts every time one of the local cops got some 115 grain love, and if the cop was killed, he would buy high end pizza for the engineering team. His managers may not have liked his actions, but he got the work done, and that was what counted
Neomunitor · October 14, 2024 at 7:53 am
Qualified immunity was invented out of thin air by a racist Supreme Court in 1967 to protect four white cops who arrested black pastors who were peacefully protesting by entering a “whites only” area. The cops were being prosecuted under the 1871 KKK Act which calls for the prosecution and imprisonment of any government official, agent, or employee who deprives a person of their constitutional rights. The politically correct refer to it as subsection 1983. These clowns aren’t looking at just monetary damages if QI goes away, they are looking at serious jail time in a Federal pen. About effing time.
neomunitor · October 14, 2024 at 8:05 am
BTW, in case people didn’t know, if a cop claims to hear sounds indicating someone is in distress, your 4th amendment rights are gone. They can bust down doors or windows and charge in to check on the welfare of the occupants, just as if you invited them inside. This goes for your house, car, or any space. Once inside, the “plain view” precedent applies, and it can go downhill from there.
Aesop · October 18, 2024 at 6:42 am
Make barred doors, 6″ door hardware screws, and hurricane window film great again.
When they can’t get inside for 30 minutes, even with tools, “exigent circumstances” is laughable, and pretty much gone with the wind. Worse for them if you have audio and video debunking their b.s. claims, which are as specious and unproveable in court as “I smelled marijuana/alcohol”.
I’m also a big fan of a feature of houses in the east, where there’s an alcove entry with an airlock door to get into the actual house.
The alcove and outer door should be constructed like a literal bank vault, such that nothing short of 20 lbs. of C-4 would obtain entry.
That alone would stop 90% of the horsesh*t seen on countless illegal law enforcement home invasion videos.
Laughing at them from inside doesn’t win you any points, but the moral of the story of The Three Little Pigs is timeless, and forcing them to decide how badly they want to enter when you and they both know any such undertaking is totally illegal gives even the tiny minds (that police agencies seem to prefer to hire rather than >90 IQs) the time to wisely reconsider their actions.
For bonus points, any number of fake cameras make it much harder for them to know which one(s) to try and disable or cover up.
Just saying.
And anything you do that makes it hard for the po-po to break in also works against non-badged miscreants.
Win-win.
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