Theft is a criminal offense as well. The officer can be prosecuted for that.
Qualified immunity also applies to the officer who individually. The department can be sued still.
Qualified immunity also applies to the officer who individually. The department can be sued still.
In this case, it doesn't apply because theft isn't part of an officer's regular duties. You can't sue an officer for taking your laptop and putting it in evidence. You can sue an officer for taking your laptop home.
Again, I agree with you that this should be true in principle, but I don't have faith that it will apply in this case, and this is contrary to the stated position of the police department.
When is this exactly? 52 years on this planet and am yet to witness this event… :)