They need malpractice insurance like doctors. If they can't be insured, they can't be hired. Get two birds with one stone.
They need malpractice insurance like doctors. If they can't be insured, they can't be hired. Get two birds with one stone.
Even insurance agents are required to purchase E&O insurance, why aren't cops?
No, it's definitely better to make them all pay for their abuses of authority.
This is the way.
In any universe where this might be helpful, we could just watch the watchmen. We need the political will to control our security forces. Shuffling responsibility around ain't it.
maybe license them like teachers or hairdressers
In some states they are.
which ones?
You’d have to Google for that. I think PA is one but I don’t know the full list or how many states require licenses.
google says new jersey, and something lessor in illinois and Mass. 3/50
Something other states should consider, then, and establish interstate compacts about recognizing out-of-state licenses and license revocations.
We get sued when we're genuinely trying to help people and did nothing wrong. Most of us have been frivolously sued and had to settle because it's too expensive to fight, even with insurance. Premiums run about 25% of income! Qualified immunity is BS
Which is why malpractice insurance is a good solution. A 3rd party investigates, one that at the very least would want to fight making a payout but balanced with not keeping on specific officers that carry excessive liability. I think pairing this with a licensing/oversight board is the way to go.
As far as the premiums, idk why the state/taxpayers can’t pay them. They’d still be saving in the long run.
That's basically how it works with doctors employed by hospitals. The hospital pays the premium, so they have some input into whether the case should be settled or taken to court. The hospital is usually named in the suit, too, because they are the employer.
One potential problem is that it might be difficult to get attorneys to take legitimate cases because they work with law enforcement. Plenty of people would file nuisance suits to try to win some cash, but that could be dealt with by making the loser pay expenses
No one would underwrite a guaranteed loss like that.
Great idea! It’s offensive that the public has to pay for having their own rights violated!
THIS!! 👆👆
great ideas in there!
Cool more money for insurance companies. 🤦🏼
A lesser evil compared to the NYPD
Nah, it's really not. Insurance companies given more money is more opportunity for them to lobby, and an insurer that insures cops is abso-fucking-lutely gonna lobby for even more lax regulations around police behavior.
I mean, do medical malpractice insurers lobby for more lax regulations around doctors?
www.reuters.com/legal/litiga...
consumerwatchdog.org/medical-malp...
This is possible, but there are some departments that have had to change internal policies because of insurance problems. For insurers it’s much cheaper to just drop bad customers than lobbying to change the rules
Maybe in the short term, but in the long term, insurers, like they have with med malpractice lawsuits, will seek tort reform, damage caps, etc. And they will seek it by lobbying congress, engineering case law, and any other tactics they can come up with.
Fair. But I tend to think the first-order economics outweighs these second-order effects. All law is subject to lobbying/industry capture and the defense is public salience, which the issue does at least have now more than in the past
I’m basically on board for abolition at this point anyway, so idk about policy tweaks. But I would basically be on board for this one, at least as a step that imposes costs on cops for the damage they cause
Civics education would change the bar for removing qualified immunity. If we taught people more about our rights, what a reasonable person would be expected to know would go up and that would change things.
I’m cautiously optimistic that qualified immunity is past its high water mark. It’s literally the one thing the Supreme Court actually seems to be improving on (mostly a reflection of how much Anthony Kennedy worshipped cops). Look at Martin from the other day for that
Medical malpractice is far from perfect as a system, but it’s also much easier to avoid killing someone as a cop.
I think the insurer view is that the rules themselves kinda don’t matter because there’s just two groups: customers who will follow the rules and customers who won’t. And I think that’s probably right, more or less no matter the rules. And if there are no rules at all, cops don’t need insurance
Just take it from their retirement fund.
This is a lot harder to do than some other ideas because pensions are controlled by federal law
Then take it from their union funds.
Police unions are not labor unions. They are federations. When unions were formed police acted as company enforcers and broke heads. Police have never been on the side of labor. 85% of cops voted for trump.
Perfectly fine historical point, but legally they are unions and labor laws apply to them
Disband their union. Union busters, strike breakers, and anti worker agents like cops don't deserve a union. Not while everyone else still struggles. Cops are not workers, cop unions are a joke.
Yes, yes yes yes! No unions for pigs.
Honestly, if you passed a law that made them pay for civil rights violations, I think that would probably be the practical effect sooooo hmm
Yepppp. In fact, maybe we should revisit that whole qualified immunity situation!
It's weird that cops got qualified immunity, but no other profession did. Must be the wind.
Technically, all government employees have it (teachers, firefighters, etc.) but it does come up pretty overwhelmingly just for cops.
I’m fairly sure that most public sector employees have that protection, it’s just that most of us never put ourselves in situations where we need it.
As an ex-non-police union leader I think police need and deserve unions. But any union can become corrupt and the big police unions are as rotten as the old Teamsters. They need to be liquidated under RICO and new non-corrupt unions formed.
As long as police arrest labor union leaders and organizers, they don't deserve a union.
Enforcement agencies should not have unions.
Disagree. But they can’t be allowed to control internal investigations/discipline beyond what’s normal in most labor contracts and there has to be independent civilian oversight of those processes.
I don't begrudge you thinking so, I just don't think the equilibrium you hope for is possible in positions of such violent means.
I think when an enforcement agency is so close to power, and acts an arm of the state's monopoly on violence, they should not get the power of united action to declare their benefits. Part of the exchange should be sacrificing those rights for the power the positions grant.
Until every worker has a union, the cops who formed around slave catchers and Union busters, don't get one.
Yes, as things are they don't *deserve* one. But actually creating a law that could be used to shut it down would massively backfire against anybody else ever trying to form a Union, which the police unions would be tolerated under a different name.
Hmmm. Unions are also federal, though public sector less so. I think the biggest problem is that public sector union dues can’t be mandatory after Janus, so that might just move the money elsewhere. I don’t know these laws well enough to be sure
I find it funny that whenever any other public sector tries to organize, they get shut down hard if they impede anything, but police unions get to siphon funds away from other public services to get more funding. Then, after being the top cost of all services, they cost the city more in lawsuits.
I think at the bottom it’s really the mythology of the hero cop, somehow, that keeps the engine running
Which had to be invented to whitewash policing's origins of slavecatching.
If you dig into any shitty American institution you will hit the Lost Cause and Redemption. Bedrock of modern America
The federal government primarily funds these pensions, but the funding source can vary based on the Guard member's duty status and whether they are in a Title 32 or Title 10 status. I looked it up out of curiosity
Either the insurance companies go bankrupt and we are rid of them, or the police shape up to be able to carry coverage. Two birds, one stone.
better than picking taxpayer pockets