Officers Nearly Beat Innocent College Student to Death—Then Claim Immunity from All Accountability

Officers Nearly Beat Innocent College Student to Death—Then Claim Immunity from All Accountability
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You probably don’t know it, but federal agents are working closely with police where you live. Over the past few decades, joint task forces staffed by both state and federal police have become common. They now number more than one thousand. As a result of these federal/state partnerships, the government often plays what amounts to a shell game that makes it impossible to hold individual officers to account if they violate someone’s constitutional rights by, for example, engaging in police brutality or other misdeeds.

https://ij.org/case/brownback-v-king/

Here’s how it works: The tools an individual can use to hold a government officer to account for violating the Constitution depend on whether the officer was acting under state or federal law. But if an officer acts under both state and federal law—as it does when a joint task force is involved—the question becomes murkier. An officer accused of abusing his federal authority can claim he was actually acting using his state-law authority, and an officer accused of abusing his state-law authority can say he was really acting as a federal officer. Plaintiffs are left guessing and sometimes end up thrown out of court altogether.

James King, a law-abiding college student in Grand Rapids, Michigan, was forced to play this game after he was brutally beaten in an unjustifiable case of mistaken identity. Task force members misidentified James as a fugitive; stopped, searched, beat and choked him into unconsciousness; and then—even after it was clear they had the wrong man—arrested James and charged his with a series of felonies to cover their tracks. After fighting a criminal prosecution aimed at preventing James from vindicating his constitutional rights and sending him to prison, James was acquitted. But that was just the beginning.

When James filed a lawsuit against the officers to hold them to account for their actions, the officers argued they were entitled to several forms of immunity and persuaded the court to throw out James’ case. An appeals court reversed the worst parts of that decision, but the government has now taken James’ case to the U.S. Supreme Court, asking the Court to shield the officers from any accountability for violating the Constitution.

James has partnered with the Institute for Justice to protect the rights of all Americans who encounter federal and state task forces. As part of IJ’s Project on Immunity and Accountability, James and IJ are asking the Supreme Court to end the shell game and hold officers to account when they violate individuals’ Constitution rights.

https://ij.org/case/brownback-v-king/

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About the Author: Institute for Justice

46 Comments

  1. UPDATE:
    After this video, when the Supreme Court first heard James’ case in 2020, the government asked the Justices to recognize a new immunity under a law called the Federal Tort Claims Act. If the Justices approved this immunity, the door would be slammed shut on James’ case.

    Upon IJ’s urging, the Court declined to recognize this new immunity and instead asked the 6th U.S. Circuit Court of Appeals to hear IJ’s arguments about why it should not be applied. Unfortunately, when this case was remanded to the Sixth Circuit, it cited outdated case law to apply immunity and let the government off the hook.

    Now, IJ is asking the Supreme Court to once again hear the case.
    https://ij.org/press-release/supreme-court-asked-to-strike-down-immunity-for-police-task-force-officers-who-brutally-beat-innocent-college-student/

  2. Maybe they thought he was black, this couldn’t have happened to a white person. Oh Dear. Didn’t that one Texas cop say “We only shoot Black people” end quote. Maybe he had a tan 😂

  3. President Donald J. TRump needs to END Qualified Immunity for LEO's Nation wide ! And when they get sued for any wrong doing the funds should come out of their wages, Pensions, etc; !!

  4. I guess the agents, Todd Allen and Douglas Brownback, don’t have to worry about any repercussions. The courts decided it was James’ fault for looking like the suspect. Years later in 2019, Todd retired from the Grand Rapids Police Department, where they thanked him for his impeccable service on their Facebook page. And Doug is probably still watching over our college campuses, keeping our students safe…

  5. Lol until you white people stand up for us minorioties, the more of you whites who get taken advantage of the better, because youll know how it feels & maybe just maybe youll finally stand up for whats right, not just for whats white.

  6. This Qualified immunity is over my head but I think people should petition President trump About this and let him see some of these videos because he is changing so much right now. This is an abomination!

  7. There’s absolutely no reason AT ALL!! Why there should EVER be any type of law put in place where an officer can get away with violating a citizens rights! Their job is literally to protect the constitution! Being above it defeats the whole purpose of their jobs!

  8. Whever the hell justice meant before has lost all meaning today. There truly isnt justice in this world anymore. Justice is only what they deem justified and not what should be justified

  9. James don't you know you're guilty until you prove yourself innocent cops care absolutely nothing about your rights with the police the only right you have is your right hand

  10. The ultra wealthy oligarchs LOVE qualified immunity because it means the police are literally an immune-goon-squad that can keep the peasants- I mean citizens, afraid… with zero accountability. Oh btw even if you win something against one of them, the “penalty” comes from citizen tax dollars, not the force, not the station, not the Union, not the pension fund 😂 We became way more than even the Russians could have devised. What a joke.

  11. The sad fact is that if all you can afford is a court appointed attorney those lazy and/or incompetent people push innocent defendants into plea deals no doubt because they know they can’t win a case no matter what.

  12. American laws are some of the most absurd in the world. I wouldn't live in America even if you offered me a million dollars. If someone is proven innocent, why are they still barred from applying for certain jobs? What part of "innocent" do they fail to comprehend?

    At the same time, they criticize other countries, acting like theirs is flawless. America behaves like a dictatorship while pretending not to—like a 12-year-old shouting, "No, I'm not!"

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