CASE STUDY 1
Case study
CJus 530
Liberty University
Name
Date
CASE STUDY 2
Abstract
Civil rights and policies are essential in the development and implementation of police
service policies. Since the concept of qualified immunity has raised critical concerns over the
years with numerous questions on what entails a clearly established violation, it is essential for
the police department to be educated on their constitutional rights and liabilities. As such, I
recommend the hiring of an attorney to educate the police service department on the
constitutional and precedents’ distinction between lawful and unlawful practices that often raise
questions about what really constitutes qualified immunity. The training should be long enough
to ensure that every officer grasps the basics of civil rights.
CASE STUDY 3
Introduction
Understanding civil rights is crucial for all government officials. From the studies on
protected civil rights, it is evident that government officials such as state police need a critical
understanding of the provisions of qualified immunity and the concept of constitutional rights
regarding clearly established violations. As such, it is vital to train all law enforcement officers
in all departments to ensure that they understand their constitutional rights, obligations, and civil
liability risks. As Nielson and Walker (2017) outline, constitutional rights that protect law
enforcement officers are faced with criticism and require skilled and professional trainers to
articulately offer special training to state police in all departments.
Recommendation of policy
While learning about the concepts, practice, and implementation was offered during my
career, I submit that I still have a long journey to learn and understand the broad dynamics of
qualified immunity and the concept of "clearly established" violations. While qualified immunity
law is well described in the article by Nielson and Walker, (2017), some areas such as its
compatibility with civil rights and liberties remain scant and controversial. For instance, the
authors mention that it is not clear whether this doctrine is supported by law. For the best
practice in my career and profession, I would highly recommend undergoing rigorous training on
the civil rights and liability policies in the police department. Honestly, though the police
department is closely associated with the practice and implementation of their civil rights, it is
likely that most officers have inadequate knowledge about qualified immunity and its concepts,
thus the recommendation for training by law specialists such as attorneys.
How much training is enough?
CASE STUDY 4
The length of training will depend on the complexity of the policies and implementation
requirements in the police department. According to Baude (2018), the qualified immunity
doctrine faces critical concerns, comments, and arguments that create high tension in its
implementation. From my learning experience, I have come across comprehensive issues in the
qualified immunity concept, such as whether the concept is lawful or unlawful, to what extent
does the police enjoy the privileges of qualified immunity, and at what point does the court rule
out whether a police action is a clearly established course. Therefore, the training should be long
enough to explore the supreme courts’ precedents, statutory stare decisis, and bivens that will in
turn boost my comprehension and that of my department’s officers on the dynamics of police
practices within the limits of qualified immunity.
Need of an attorney
An attorney will be needed to ensure that law enforcement officers and other members of
the police department understand the provisions of this doctrine. For many people, the initial
thought is that there is no need for a law specialist in defining and exploring the civil rights
requirements outlined in the police services within the provisions of qualified immunity.
However, based on my professional experience and subsequent court proceedings addressing
qualified immunity and clearly established violations, I recognize the value of an attorney who
will train our police department on the policies and procedures involved in ethical qualified
immunity. To ensure a thorough understanding of civil rights and laws, it will be necessary to
hire an attorney.
The training frequency
Upon hiring an attorney, I will inquire about the duration of the training and how
frequently the training sessions should be. Upon settling on the training program, I will
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consolidate the attorney’s schedule with that of my department to ensure the smooth running of
the training sessions, which will preferably run for approximately three months. During the
training sessions, the attorney will be expected to address the concept of qualified immunity and
explore the criticisms, precedents, statutory stare decisis, and constitutional requirements for
civil liability risks.
Updating the department policy
The department's policy comprises practices and implementation that should align with
the constitutional provisions of qualified immunity. While the laws are frequently revised
depending on court precedents, it would not be practically viable to update the department policy
after every new case, unless the case presents a new ruling that may significantly influence future
rulings on qualified immunity. According to Nielson and Walker (2017), "the type of asserted
constitutional rights or types of defendants at issue also underscores the problems inherent in the
Supreme Court revisiting the doctrine" (p 1878). Thus, changing the department policy after
every case may present a further complication in the dynamics of qualified immunity. The
solution to this quagmire would include gradually revising and improving the existing policies,
to make them flexible enough for addressing a wide range of issues. Therefore, the department
policy should be revised only when the supreme court settles on a given ruling that has a
potential interference with the existing department policy.
Conclusion
In my submission to the policy that I would recommend to the departmental officers, I
would categorically insist on a policy that incorporates both the qualified immunity doctrine and
a Judeo-Christian perspective. As a result, most of the criticisms about whether giving immunity
to government officials is just to the rule of law are avoided. According to 2nd Peter 2:13, it is
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clear that we should be "subject for the Lord's sake to every human institution, whether it be to
the emperor as supreme, or to governors as sent by him to punish those who do evil and to praise
those who do good." With this principle, the department will focus on what is right rather than
misusing the provisions of qualified immunity.
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References
Baude, W. (2018). Is qualified immunity unlawful.@Calif. L. Rev.,@106, 45.
Nielson, A. L., & Walker, C. J. (2017). A Qualified Defense of Qualified Immunity.@Notre Dame
L. Rev.,@93, 1853.
