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An ordinance of the Council of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 9, entitled “Conduct,” through the creation of a new Chapter 910, entitled “Law Enforcement Personnel,” in order to establish standards for individuals undertaking enforcement actions within Allegheny County.
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WHEREAS, Allegheny County has historically attempted to foster a tradition of strong bonds of trust between its law enforcement officers and the community, in an effort to establish a cooperative attitude towards legal compliance and public safety; and
WHEREAS, while these efforts have by no means been perfect, significant progress has been made towards professionalizing and modernizing law enforcement activities throughout the County; and
WHEREAS, a foundational principle in this process has been the necessity of law enforcement personnel abiding by the very laws that they enforce, and doing so in a fashion that provides for accountability if and when those requirements are violated; and
WHEREAS, it is the judgment of Council that allowing any enforcement personnel to conceal their identity provides an obvious opportunity for unscrupulous individuals to impersonate law enforcement personnel for their own ends, in violation of 18 Pa.C.S.A. §4912 (establishing a criminal offense for impersonating a public official) and, in the process, undermines the very trust and accountability that are the goals of modern law enforcement; and
WHEREAS, it has long been held by the United States Courts that federal law enforcement officers are subject to qualified immunity, which insulates them from civil liability unless they violate a clearly established Constitutional or statutory right; and
WHEREAS, simply put, the doctrine of qualified immunity protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional r...
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