Quite Simply, Grand Juries are instructed in the law by Prosecutors, and Prosecutors, like Police and judges, claim either absolute or qualified immunity from prosecution, even for the most outrageous violations of Civil and Constitutional Rights, even though neither form of immunity has ever been authorized by any constitution or statutory law. In the U.S. Constitution, for example, ONLY Legislative Immunity is authorized, and then ONLY for members of Congress actually participating in, or on their way to or from actual participation in Congressional Debates or Votes.
Legislative Immunity is found in Article I, but no executive of judicial immunity can be inferred from any section or clause of Articles II or III. The Eleventh Amendment was enacted to support some forms of State Sovereign Immunity but the Fourteenth Amendment was designed to cut back on that.
I have, for twenty years now, ever since the 7 cases I launched in Texas against the City of Lago Vista Police Department (especially Police Chief Frank Miller, the Policy Formulator, and Bart Turek, a very abusive Police Officer) and the Travis County Sheriff’s Office, been campaigning for a “rule of reason” in evaluating police actions: always ask, and permit jury review of the single question: “were the officer’s actions reasonable under the circumstances?” To implement this rule, we must amend the Civil Rights Action, 42 USC Sections 1983, 1988, expressly to abolish the Court created doctrines of qualified and absolute immunity. We must disarm the police (and prosecutors and judges) of these unjust shields and hold the Police to a higher standard of responsive and reactive conduct rather than a lower standard compared to ordinary citizens.