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jshier | 1 month ago

Unfortunately the courts have repeated ruled that "aware of the Constitutional violation" means knowing that the exact action being observed had previously been ruled a violation of Constitutional rights. It's essentially impossible to prove, which is one of the reasons we don't see that offense prosecuted.

discuss

order

JasonADrury|1 month ago

In the Chauvin case all three of the bystanders were sent to prison by federal courts specifically for civil rights violations stemming from their failure to intervene as Derek Chauvin murdered George Floyd in front of them.

jshier|1 month ago

Exception that proves that rule. It took national protests over months, during COVID, to drive that case through to conviction.

alistairSH|1 month ago

QI applies to civil cases. IIRC, Chauvin didn’t face a civil case and was not made to pay damages for violations of anybody’s rights. Nor did the other officers.

If a cop violates your rights, you just have to pray the DA will prosecute criminal charges. But you still won’t get an monetary damages from the cop. You might talk the state into settling.