Last week, a New York Times editorial explained one of the reasons that law enforcement officers are seldom held accountable for their actions in court.
The concept of “qualified immunity” was first expressed by the U.S. Supreme Court in 1967 in a case with Mississippi roots – in which civil rights protesters challenged police violence used against them.
The court held that the officers should not be held liable for actions taken "in good faith and with probable cause." From the NYT editorial:
But what makes these cases nearly impossible for plaintiffs to win is the court's requirement that any violation of rights be "clearly established" — that is, another court must have previously encountered a case with the same context and facts, and found there that the officer was not immune.
…[I]in practice it has meant that police officers prevail virtually every time, because it's very hard to find cases that are the same in all respects. It also creates a Catch-22 for plaintiffs, who are required to hunt down precedents in courts that have stopped generating those precedents, because the plaintiffs always lose. As one conservative judge put it in a U.S. district court in Texas, "Heads defendants win, tails plaintiffs lose."
Democratic candidates for the U.S. House and Senate have quickly picked up on the issue. Matt Lieberman, running for the U.S. Senate seat now held by Kelly Loeffler, took up the topic on his Facebook page. Sarah Riggs Amico, on the June 9 ballot in a Democratic fight for the right to face down U.S. Sen. David Perdue, included it in a WABE round-up of responses to the George Floyd homicide in Minneapolis.
Two lawyers, naturally enough, have focused more thoroughly on the topic. From state Sen. Zahra Karinshak of Duluth, a candidate for the Seventh District congressional seat:
It hardly requires a law degree to see the massive loophole in this jurisprudence. Under the "qualified immunity" doctrine, officers who beat, harass, maim, and even murder civilians rarely have to worry that their actions will be met with appropriate repercussions.
Is it any wonder then, that so many Americans feel that those who are sworn to enforce the law act as if they are above it? It is imperative that Congress act to revise Section 1983, and strike "qualified immunity" from the law of the land.
And from Teresa Tomlinson, the former mayor of Columbus who now also identifies herself as her city's former public safety director:
"There is no doubt that governments need various levels of sovereign immunity to protect the public purse and to allow them to make politically challenging decisions such as issuing Stay-At-Home Orders in the face of a deadly pandemic without being deluged by lawsuits for economic damages.
"Likewise, police officers and the governments they serve need protection from liability and harassing lawsuits arising from the performance of their jobs to protect and serve–even when mistakes are made. But in no event is the law intended to protect the ruthless, brutal or racially motivated acts of law enforcement officers…"
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Fulton County District Attorney Paul Howard, facing a tough Democratic primary next week, on Tuesday announced criminal charges against six officers after the arrest of two Atlanta college students during the city's curfew crackdown Saturday.
Last night, WSB-TV's Nicole Carr snagged an email sent by Atlanta Police Chief Erika Shields to rank-and-file officers, in which she said she had been blindsided by the charges -- and that tactical assistance from neighboring law enforcement agencies had evaporated as a result. From the email:
"Our intention was to carry out an administrative investigation into the actions of the other officers on scene; criminal charges were never part of any discussion that I had with the Mayor or her administration....
"I'm very concerned with the space we find ourselves in, both tactically and emotionally. Multiple agencies that were assisting us in managing this incredibly volatile time have pulled out, effective immediately. They are not comfortable with their employees being leveraged politically by the potential of also facing criminal charges."
Our AJC colleague Stephen Deere elaborates here.
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Atlanta Mayor Keisha Lance Bottoms has an op-ed in today's New York Times. In many ways, it is a recap of her well-received plea to protesters on last week's first night of violence in Atlanta. Her 18-year-old son Lance again is a focal point. But she takes her concern further in these paragraphs:
All I could say was, "Baby, please come home — now! It's not safe for black boys to be out today." I thought of his adoption process, when my husband and I were told there was no wait for black boys.
I wondered then if this country's fear — and too frequent hatred — of black men began, even subconsciously, at their birth. The harsh reality is that if we examine the historical conditions of living while black in America, then we'll realize that there has never been a day when it was truly safe for black boys to be out, to be free, to just be.
America has a long and unreconciled history of tearing black boys and men from their homes, their families and their communities — and of throwing them into the unrelenting grip of death, more often than many Americans may like to admit.
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Coca-Cola is one of the more influential corporate voices in Georgia, but the beverage giant doesn't throw its weight around often. So when the company took a stand on a long-running political debate, powerbrokers noticed.
In a Monday letter to state House Speaker David Ralston, Coca-Cola North America president James Dinkins offered his "sincere appreciation" for his support of hate-crimes legislation.
"Our hearts are sickened by the recent tragic and inhumane events against Black Americans, which have led to escalated tensions and violent demonstrations in communities across North American and here in our home in Georgia," he wrote.
Dinkins added: “Please call on the Senate to pass the bill as it is written when the legislature reconvenes in two weeks.”
We’re told similar letters were sent to Lt. Gov. Geoff Duncan and Gov. Brian Kemp. The public display of support comes days after the Metro Atlanta Chamber and Georgia Chamber of Commerce both backed the initiative.
Despite Ralston's endorsement and the backing of a bipartisan group, the legislation still faces a difficult path in the Senate, where it stalled last year in a committee.
Duncan wants changes to the legislation that would require another vote in the House, where it only passed by a narrow margin last year.
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Now we might have a better idea of why Jon Ossoff pumped $450,000 of his own cash into his campaign about a week before the primary. Maybe.
An internal GOP poll of likely Democratic primary voters showed Ossoff within striking distance of an outright win: He's at roughly 49%, Teresa Tomlinson is at 16% and Sarah Riggs Amico is at 8%. About 24% were undecided. See the entire survey here.
In a head-to-head matchup against Tomlinson, Ossoff netted 58% of the vote.
People close to Ossoff insist that he’s not aiming for a clean victory next week, and his cash infusion is meant to demonstrate he’s got momentum going into an August runoff against Tomlinson or Amico.
(Among the reasons why it’s a dim possibility: A field of seven candidates, with three well-financed enough to afford TV ads, and Amico has pumped in roughly $1.1 million of her own cash to her campaign.)
Suffice to say, most of the other operatives involved or closely watching the race don’t buy that line. And Republicans were eager to push the line.
"It would be a shock to me if @ossoff DIDN'T win the June 9 primary outright," tweeted Paul Bennecke, a prominent Republican operative.
“He spent $35m in ATL market in special. Started this race with huge name ID advantage. Over 80% of dem primary vote coming from that DMA. Has 10 to 1 tv advantage over TT. No contrast TV.”
Raising the stakes on Ossoff could also play to their advantage. If he wins outright, it’s expected. And if he doesn’t, well, they’ll cast it as a sign of weakness.
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Given that he's got a new book arguing why conservative Christians should support President Donald Trump's re-election bid, it's no surprise. But Ralph Reed, founder of the Georgia-based Faith and Freedom Coalition was perfectly fine with Trump's march to St. John's Church on Monday, per McKay Coppins of The Atlantic:
In an email to me, Ralph Reed, the chairman of the Faith and Freedom Coalition, heaped praise on Trump for his visit: "His presence sent the twin message that our streets and cities do not belong to rioters and domestic terrorists, and that the ultimate answer to what ails our country can be found in the repentance, redemption, and forgiveness of the Christian faith."
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Political reporter Kasie Hunt of MSNBC asked various GOP U.S. senators for their reaction to the images of peaceful protesters in Washington being dispersed by force Monday night in order to allow President Donald Trump's photo.
This morning, cable news outlet posted a montage video of 10 members generally avoiding Hunt's question as they walked to and from lunch on Tuesday. Georgia Sen. Kelly Loeffler didn't make the final cut, but Hunt tweeted about it:
"Sen. Kelly Loeffler, R-Ga., does not respond when asked if what the president did last night was appropriate. Her spokesman handed me his card."
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A multi-state Republican National Convention? After President Donald Trump demanded the GOP pull the gathering from Charlotte over a stalemate with local Democratic officials over coronavirus restrictions, that possibility grew.
The RNC said it would move Trump’s convention speech to another city, and possibly scatter other events elsewhere, too. But the RNC will still hold certain convention business in Charlotte to avoid breaking a formal contract.
Kemp has floated the idea of holding the convention in Georgia, saying last week the state could "safely host" the event amid a rollback of regulations. Late Tuesday, he reminded national Republicans of the offer:
"Hope you have Georgia on your mind, @realDonaldTrump!" he tweeted.
William Pate, the chief executive of the Atlanta Convention and Visitors Bureau, said Wednesday morning his agency has not yet been contacted by the RNC.
“It’s a very large undertaking. There’s a reason they’ve been booked years in advance because a lot of planning goes into these events,” he said, saying that some events would have to be moved if the organization chooses Atlanta.
"If the president demands it and the governor wants to move forward, we're going to get it done," Pate said. But it looks like the GOP is giving Atlanta a pass -- perhaps because of Mayor Keisha Lance Bottoms' ties to Joe Biden? From the Washington Post:
Republicans are exploring the possibility of moving the convention to multiple cities, according to two GOP officials, including Jacksonville, Fla.; Orlando; Las Vegas; and Nashville.
Trump has been personally involved in the planning, calling Cooper last Friday to talk about the event. He spoke by phone the same day with Florida Gov. Ron DeSantis (R) about moving the convention, according to a person close to the governor, who, like others, spoke on the condition of anonymity to discuss private conversations.
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Former state Rep. Rusty Kidd, the last politically independent member of the Georgia General Assembly, died Tuesday at age 74. Kidd represented the Milledgeville area for eight years until deciding not to seek re-election in 2016 for health reasons. His father, Culver Kidd, was a flamboyant state senator who served four decades in the state Capitol. Service details for Rusty Kidd can be found here.
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In endorsement news: U.S. Rep. Doug Collins has returned the favor, backing former congresswoman Karen Handel in the Republican primary for the Sixth District congressional seat held by Democrat Lucy McBath. Handel also has been endorsed by exiting U.S. Rep. Tom Graves, R-Ranger.
