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Old Nov 10, 2010 | 1:40 pm
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DevilDog438
 
Join Date: Mar 2007
Location: Somewhere near BWI
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Qualified Immunity

Since it has been a discussion point in several recent TS/S threads, and I feel that the information should be helpful to some of our members, I am starting this thread on QI.

Some of our TSO members have stated, definitively, that QI will always protect them. Some of us have stated, in rebuttal, that QI is subject to adverse determinations by a court. Here is an article about a very recent case in point as a starting point of reference for why QI should not be considered so automatic by our TSO members.

Originally Posted by snip from the article referenced
...
In its appeal, Frederick County officials had argued Torres should have been entitled to qualified immunity because the shockings occurred during his performance of duty.

However, the court ruled the appeal was based on an argument the Gray family had never made in its filings or oral arguments.
...
Yes, I realize this does not deal with TSA, and the original case is not transportation related. However, it is proof that QI can be denied by a court.
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