By now we’ve all seen the footage of the train in Colorado hitting the police car stopped on the tracks, severely injuring a woman in police custody who was placed handcuffed in the rear of the police cruiser. My immediate thought was qualified immunity. There can be no doubt that the police officer was directly at fault in causing the severe injuries to the woman in his custody. No doubt about it. But unlike a doctor who negligently injures someone, a police officer get to assert qualified immunity. Qualified immunity is unfair and needs to be abolished. A lawyer representing this woman, if a lawsuit is filed, is going to have the legal requirement to point to some past clearly established case law describing the officer’s conduct as a civil rights violation. Well, how many cases have there been in any particular jurisdiction where police officers let people in their custody get hit by trains? Moreover, as I’ve explained before, to establish section 1983 liability, you have to allege intentional conduct – not negligence or incompetence. Some intentional or purposeful conduct. For this reason, when one police officer accidentally shoots their partner, there’s generally no liability. I did a video on that one already. I took a quick look at the case law in the jurisdiction where this train incident happened, which is Colorado, which is in the Tenth Circuit Court of Appeals. So that’s where you want to look first for federal civil rights case law. I have a theory of liability here. First, take a look at some of the new footage released, from another angle. https://thecivilrightslawyer.com/2022/10/03/abandoned-on-train-tracks-by-police-qualified-immunity-state-created-danger-theory/ Video to submit? https://forms.gle/HmwnDQKvwvYPxe967 Twitter: https://twitter.com/johnbryanesq Facebook: https://www.facebook.com/JohnBryanLaw FAIR USE NOTICE This video may contain copyrighted material; the use of which has not been specifically authorized by the copyright owner. We are making such material available for the purposes of criticism, comment, review and news reporting which constitute the fair use of any such copyrighted material as provided for in section 107 of the US Copyright Law. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work for purposes such as criticism, comment, review and news reporting is not an infringement of copyright. NOTE: We don't condone threats or violence of any kind. If you are upset or outraged by acts of government misconduct featured in this video, we encourage you to utilize lawful means of expression, including becoming involved in the political process, as well as seeking accountability through the judicial system.