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LINK How to Fix the Financial Gymnastics of Police Misconduct Settlements - Lawfare

This is fascinating!

On March 12, the City of Minneapolis agreed to pay George Floyd’s family $27 million for his wrongful death via the knee of a police officer. Despite being the largest pretrial civil rights settlement, it is only a fraction of the taxpayer money spent on settling police brutality. From 2015 to 2019, more than $2 billion, mostly taxpayer money, was used on civilian payouts for police misconduct in only the 20 largest police departments.

Derek Chauvin, the police officer currently on trial for Floyd’s death, is charged with second-degree murder, third-degree murder and second-degree manslaughter. The current structure for addressing civilian payouts for police misconduct overwhelmingly absolves officers like Chauvin from any financial culpability. This is mostly due to qualified immunity, which is a court doctrine that absolves police officers from civil liability. While qualified immunity often shields government officials broadly from personal liability, it is particularly used with law enforcement. And though it is applicable only to civil proceedings, prosecutors, defense attorneys, judges and even jurors are often swayed during grand juries and criminal proceedings by the protection of qualified immunity.

Depending on the state, officers accused of misconduct might even keep their police pension and even be able to sue the municipality for back pay if they are fired and then found criminally not guilty. The money for civilian payouts for police misconduct does not come from police department budgets. Rather, civilian payouts overwhelmingly come from general funds, though some come from bonds and even insurance policies, particularly in smaller areas.

read more at the link

HippieChick58 9 Apr 4
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7 comments

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2

Police should be REQUIRED to carry LIABILITY INSURANCE. It doesn't matter who pays the premiums. The taxpayers shouldn't be forced to pay for bad policing and it will make sadists like Chauvin unemployable.

1

De-funding the police might be a bigger windfall than we could have imagined. Unfortunately, this is a prime example of how unions can be a very bad idea. There needs to be limits on how far unions can go.

2

On the other hand, police, back when they were considered basically "good", did Nothing, Ever, about domestic violence until Tracy Thurman got 6 million (lots of $$$$ then!) from the Torrington CT police department for doing Nothing to help her on numerous occasions, resulting in her having permanent neurological damage. Suddenly, police across the country were Deeply Concerned with domestic violence, and about damned time! Money talks!

2

Good article. About damn time some real thought is put into holding the bad apples accountable. That so many citizens have put up with having to pay via higher taxes to cover for these egregious acts blows me away. They either don't understand the pay out system or are willing to accept police brutality.

1

Good, thoughtful article.

1

I hope that when one or two jurors let Chauvin off, the settlement will prevent a protest.

3

Really good article. These suits should not be paid by raising taxes, it's time to clean up the policing of the US, including the brutality and militarization.

MizJ Level 8 Apr 4, 2021

Stopping police brutality and militarization is long overdue.

@MizJ is not sleeping but too many of the public are sleeping. Will anything but raising their taxes awaken them?

@yvilletom Perhaps a clear line item on their tax bill would give them a needed jolt; perhaps very few even read the items on the bill and only look at the amount due. The bigger cost is what this is doing to our society in term of racism, etc. The article hinted about the wall of silence in police forces. Terrible costs all around this topic.

@yvilletom I have directly seen the racism in our policing. On multiple occasions I have been harassed while driving with a person of color in my car. This has NEVER happened when I have caucasian passengers.

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