In addition to #federal #immunity, the agent could argue that his actions were reasonable under the #Constitution, that he acted in self-defense or that he did not act with intent to harm or kill.
Federal officers are immune from #civil lawsuits unless their conduct clearly violated a constitutional right.
This #legal standard, known as #QualifiedImmunity, has become a highly effective tool for shielding #police officers accused of using #ExcessiveForce.
#Federal agents are *generally* #immune from state prosecution for actions taken as part of their official duties. However, #immunity only applies when an officer's actions were authorized under federal law & were necessary & proper.
If #Minnesota charged the agent, he could seek to move the case to federal court & argue he is immune from prosecution.
#Trump #law #murder #ExtraJudicialKillings #Minneapolis #UseOfForce #RightToProtest #ICE #CBP #Gestapo #Sturmabteilung
To prevail, the #state would have to show the actions were outside his official duties or were objectively unreasonable or clearly unlawful.
If a judge ruled the officer was #immune, the case would be dismissed & the state would not be able to charge him again.
#Trump #law #murder #ExtraJudicialKillings #Minneapolis #UseOfForce #RightToProtest #ICE #CBP #Gestapo #Sturmabteilung
Could #Federal prosecutors charge the officer? [if this were a different admin]
Federal prosecutors can charge law enforcement officers for fatal #shootings, but the bar is very high & charges are rare.
Prosecutors would need to show the officer knew his conduct was unlawful or acted with reckless disregard for the constitutional limits of his authority, which is difficult to prove in court.
The #Trump admin has defended the officer's actions.
In addition to #federal #immunity, the agent could argue that his actions were reasonable under the #Constitution, that he acted in self-defense or that he did not act with intent to harm or kill.
Federal officers are immune from #civil lawsuits unless their conduct clearly violated a constitutional right.
This #legal standard, known as #QualifiedImmunity, has become a highly effective tool for shielding #police officers accused of using #ExcessiveForce.
Both the New York Times & The Washington Post have investigative video analysis today that clearly #debunk the #Trump admin’s claims that the federal officer who shot & killed #ReneeNicoleGood was in danger, that the woman was disorderly or violent, & that the shooting was necessary for any reason whatsoever.
#FactCheck #TrumpLies #law #murder #ExtraJudicialKillings #Minneapolis #RightToProtest #UseOfForce #ExcessiveForce #PoliceBrutality #Constitution #CivilRights #ICE #CBP #Sturmabteilung
