The U.S. Supreme Court on Monday refused to hear a family's bid to revive a lawsuit against a New Jersey state trooper who fatally shot a mentally ill man who was pointing a gun at his own head in a case involving a legal defense.
WASHINGTON - The U.S. Supreme Court on Monday refused to hear a family's bid to revive a lawsuit against a New Jersey state trooper who fatally shot a mentally ill man who was pointing a gun at his own head in a case involving a legal defense that often protects officers from accusations of excessive force.
The qualified immunity defense protects police and other government officials from civil litigation in certain circumstances, permitting lawsuits only when an individual's "clearly established" statutory or constitutional rights have been violated. Reuters in 2020 published an investigation https://www.reuters.com/investigates/section/usa-police-immunity that revealed how qualified immunity, with the Supreme Court's continual refinements, has made it easier for police officers to kill or injure civilians with impunity.
The family filed a civil rights lawsuit against Bartelt, other officers, the state and state police seeking monetary damages. A federal judge handling the lawsuit denied Bartelt qualified immunity, but a three-judge panel of the 3rd Circuit reversed that ruling.
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