Qualified Immunity On The Run: A Detailed Analysis Of A Viral Police Pursuit

Attorney Ugo Lord, who is well-known for his sharp opinions on legal issues, examines a particularly worrying event involving a police pursuit and a 66-year-old pedestrian in a recent video that has subsequently attracted a lot of attention. The terrifying scene in the video, where the pedestrian is hit by a Prius engaged in a pursuit, has sparked a broader discussion about police responsibility and the idea of qualified immunity.

As soon as the footage starts, a Prius is seen being chased by a police car. Sadly, the Prius strikes a gullible 66-year-old woman as it slows down to release the suspect. The pursuit and the accident that followed present Lord with a case that warrants further investigation.

Breaking Down Qualified Immunity

Lord begins his analysis by expressing relief that the woman involved in the incident is okay. He then delves into the legal realm, discussing the concept of qualified immunity. This legal principle, he explains, grants protection to government officials, including the police.

“The police departments are not liable when they’re conducting police activity under concept known as qualified immunity.”

However, Lord astutely points out an important aspect of the incident that could potentially render qualified immunity null. The Prius had slowed down, and the door was opening for the suspect to flee when the woman was struck. 

Lord argues that this could be construed as negligent behavior by the police. They were not attempting a pit maneuver, as the car had already come to a stop. If negligence can be proven, the police department could be held liable for the damages suffered by the woman.

“With a good lawyer, it would make the police department liable to the woman for all the damages that happen next.” as Lord concludes.

Laws and Policies on Police Pursuits

The California legislature took an important step in this regard in 1988. They passed legislation shielding law enforcement organizations from specific lawsuits. There is a significant catch, though. This exemption is only available provided the agencies implement rules that satisfy specific minimal requirements.

This immunity is intended to protect against situations in which a vehicle driven by a criminal or suspect under police investigation collides, causing property damage, personal harm, or even death. With a primary focus on public safety, the Act aimed to urge police organizations to create strong and strict policies on high-speed pursuits and emergency driving.

A pursuit policy must meet four elements to be deemed legally compliant. Clear and precise guidelines must be included in the policy. Therefore, they will help officers decide when to start, stop, or resume high-speed pursuits. The courts have stressed over the years that officer discretion should be kept to a minimum in such circumstances. A police agency may face legal difficulties and even responsibility if it does not adhere to these minimal requirements.

Potential Liability: A Closer Examination

In this incident, a key element could potentially put the police officers in murky legal waters. The fact that the Prius had slowed to a near halt before the woman was struck could be viewed as a deviation from standard pursuit policies. This could imply that the police did not adequately assess the situation and adjust their actions accordingly, which may be considered negligence.

The concept of qualified immunity does not extend to protecting government employees from acts of criminal negligence. In this context, negligence refers to the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. If this negligence can be proven, the police department could be held liable for damages suffered by the woman. 

Conclusion

To sum up, the incident opens up a broader question of police accountability, specifically in high-speed pursuits, and how they navigate the balance between apprehending suspects and ensuring the safety of innocent bystanders.

Lord’s video is a thought-provoking exploration of the nuances of qualified immunity. As always, his analysis illuminates the complexities inherent in the law, particularly when it comes to police pursuits.