SternKunst

Qualified immunity only applies for when the public official is carrying out their official and LEGAL duties. Cops, especially cops in the US do NOT have the authority to pass judgements what was depicted here is extortion. And extortion is most assuredly not legal, and violates any protections they they might have had under qualified immunity because they are not acting within their legal authority. If you were actually a lawyer, you’d be able to have seen and understood this, because I’m no lawyer and even I recognized this.

Qualified immunity is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. “Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” See: Pearson v. Callahan. When determining whether a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case. Usually, in qualified immunity cases, a plaintiff will first bring a suit under the Civil Rights Act of 1871 (Section 1983) against a public official. The public official will then raise a qualified immunity defense that protects the official from all but clear incompetence or knowing violations of the law if the official acted in a reasonable but mistaken way. So, no, your statement here that in the scenario the author made here absolutly would not apply for qualified immunity. Because it’s a criminal act to commit fraud. This is clearly a case of fraud. And again, police do not have the authority to do what’s depicted in this scenario. That authority lies solely with the courts. Because such the claim that was made here is a civil matter, not a criminal matter. And even if it were a criminal matter, cops could not arrest after the fact, on just seeing a video, they do not have that authority, because a judge would have to sign off on that warrant to authorize an arrest. The whole scenario made here is just not even remotely concivably something that could even potentially, possibly happen.

Ok, that’s not how qualified immunity works. Which throws doubt on your claim that you are a lawyer for the simple fact that you don’t understand qualified immunity.

Author can you stop uploading incomplete chapters?

It really isn’t though. Yea your not from America, that was pretty obvious with how you wrote the first couple of chapters. Like the interactions between the MC and the woman to begin with. But that’s exactly where the problem stems from, because the depictions you made are just so completely unrealistic that it’s honestly quite frustrating. It’s like you took another countries social interactions and superimposed them on America, for what? I don’t know. But it’s so beyond belief that we just can’t suspend disbelief. Had you made it in a fictional world with no reference to an actual country, this wouldn’t have been an issue, but you referenced an actual country, an actual place, and actual real items and products, that the reader is going to want some semblance of reality in it. Whereas if you left the location and country nameless. Then the reader would just overlook this part. I’m t may have been corny sure, but it would be handwaveable

Yea, but your depictions of American society and interactions are just absolutly ridiculous. Clearly written from an angle of someone who isn’t American. 1) customers don’t have that kind of power anywhere in the US. Maybe in china sure. But certainly not in America. 2) the whole scene with the woman and the police coming into the store, would never go like that in America. To get that kind of money would require her taking him to court for anything like damages. Not to mention the whol “I want a refund” scene and complaining about some bag that 1 isn’t sold there and therefore wasn’t purchased there. Your depictions are just way too ridiculous that we can’t even suspend disbelief on it. It’s just way too unrealistic.

Even still.. they set the scene in the US, if things were going to be this rediculous, they should have just set the scene in some other country. Like they often do with China. Because they clearly don’t have any knowledge of how Americans operate. And write it like they would see it happen in China. Police aren’t the arbiters and enforcers. The ones who would arbitrate this is the courts. This entire scene and the one before it are just way too ridiculous to suspend disbelief. Because they simply don’t happen in American society.

Ya…. 100% NOT how things would happen in America. You don’t get to demand a refund at a store on something you bought from another store that isn’t even sold at the one your being a bitch at. You’ll be laughed at and told to leave.

Ok author…. America doesn’t work like the east. Customers don’t have “status” nor can they just walk all over the employees. Not to mention the smoking laws in LA and California have been a thing for quite some time that no one just lights up indoors like that. Sure customers can be rude and we will put up with it for a bit, but the owner isn’t going to just side with a customer over the employee simply because they “might” have money. Also, the only people who have Louis Vuitton bags and other similar things in the US are people without money. The wealthy don’t actually buy those things. They aren’t a status symbol like they are in China. Not to mention a guy isn’t going to notice something like that on a random customer. And certainly not in LA. You’ll see a bunch of people every day walking around with “name brand” things. Like gucci or LV

Well… when the sorry stops, the war crimes start.