Notes from the Resistance
The Second Circuit has ruled that a Connecticut police officer is not entitled to qualified immunity after handcuffing, detaining, and conducting a warrantless search on the plaintiff’s car because they “presented a facially valid firearms permit and disclosed that he possessed a firearm pursuant to the permit” [More] Pity there’s no way to send Nicholas … Continue reading “We’re the Only Ones Unqualified Enough”
Yesterday’s AmmoLand piece on illegal alien “Only Ones” got me wondering on ways to discourage the practice in spite of blue city/state machinations. I first thought of Congress withholding federal funds from such cities, but I don’t see the political will to do that and plenty of ways it could backfire. Instead, could Congress write … Continue reading “An Unqualified Question”
A Cop’s Corruption Allegedly Cost an Innocent Man 2 Years of His Life. Should She Get Qualified Immunity? [More] I think she should get 10 years and then once out however long it takes to pay a civil settlement. [Via Michael G]
In 2018, then-Scott County Police Deputy Jaime Morales was partially paralyzed after he was shot in the back by then-Georgetown Police Officer Joseph Enricco during a standoff with a fugitive at a rest stop off I-75… The circuit court ruled that the officer defendants in the case were entitled to qualified immunity because, “as a … Continue reading “We’re the Only Ones Qualified Enough”
New Mexico Is the Second State to Ban Qualified Immunity [More] I’d say it’s about time the anti-gun Democrats did something I agree with, but I’m fearing the devil will be in the details and this will open the door to all kinds of leftist chaos and wealth transfers from the productive… [Via bondmen]
All to say, the Supreme Court’s original justification for qualifiedimmunity—that Congress wouldn’t have abrogated common-lawimmunities absent explicit language—is faulty because the 1871 Civil Rights Act expressly included such language. Those sixteen lost words, by presumably encompassing state common-law principles, undermine the doctrine’s long professed foundation and underscore that what the 1871 Congress meant for state … Continue reading “Qualified Impunity”
Nevada’s Top Court Says Cops Can Now Be Sued For Rights Violations, Won’t Have Access To Qualified Immunity [More] Evening the odds against the house… [Via Michael G]
Do you think anyone who works for the government—not just the police—should be able to pull you over and detain you? And if a government employee who was never granted police powers assumes these powers unilaterally and clearly violates your constitutional rights, should you be able to hold them to account? Or should they be allowed … Continue reading “We’re the Fauxnly Ones Qualified Enough”
A U.S. appeals court sided with the Kansas district court in denying Officer Rapp qualified immunity in Finch’s death The court said a reasonable jury could believe Finch was unarmed and unthreatening when Rapp fired the shot that killed him. [More] So why is he only facing a civil trial and what does that tell … Continue reading “We’re the Only Ones Unqualified Enough”
WSMV4 Investigates uncovers more than 600 cases of sober drivers arrested for DUI in Tennessee [More] Everyone involved, from arresting officers to supervisors to higher-ups who allowed it not only ought to be fired, they ought to be criminally charged and civilly sued with no qualified immunity. What is it about Tennessee sheriff’s departments? “Back … Continue reading “We’re the Only Ones Sobering Enough”
Sober driver arrested for DUI and thrown in jail because officer knew his brother, ‘guaranteed’ he had weed in the car: Lawsuit [More] In a rational world, “Shreiner repeatedly turning off his audio” in addition to his absolutely unlawful behavior would be enough to take qualified immunity off the table. Sing it, George, you… [Via Michael … Continue reading “We’re the Only Ones Guaranteeing Enough”
Once they were outside her residence, Griffin’s children watched her “during her naked detention for a substantial amount of time,” the lawsuit says, adding that her hands were zip-tied or handcuffed behind her back. Though she objected, Griffin remained naked in the presence of multiple law enforcement officers, the suit says. The deputies eventually placed … Continue reading “We’re the Only Ones ‘Established, Reasonable, and Generally Accepted’ Enough”
“Mentally torturing a false confession out of Tom Perez, concealing from him that his father was alive and well, and confining him in the psych ward because they made him suicidal, in my 40 years of suing the police I have never seen that level of deliberate cruelty by the police,” said Jerry Steering, Perez’s … Continue reading “We’re the Only Ones Coercive Enough”
Pass a bill guaranteeing qualified immunity and let’s talk. Can we also do it to these domestic enemies? And these…? Or, how about this as an alternative? As a side note, look at all the indignant leftists screaming about rights. Funny, how subjective they are when it comes to freedom of political expression.
Donald Trump’s promise to “restore law and order” by indemnifying police officers “against any and all liability” appeals to that sentiment, even as it underestimates the difficulty of successfully suing police officers and overlooks the fact that cops already are routinely indemnified against damages when plaintiffs manage to overcome the barrier created by qualified immunity. … Continue reading “We’re the Only Ones Indemnified Enough”
Murphy has filed a lawsuit against Sunglass Hut’s parent company after a store’s facial recognition program falsely identified him as a robber. As a result, he was arrested and jailed, which led to him being sexually assaulted. [More] How is it the state can assume custodial control of someone but not assume a duty to … Continue reading “Through a Glass, Darkly”
Supreme Court sides with woman forced to her knees by police when she was 83 [More] Looks like they don’t get qualified immunity for this one, but what I’m not clear on is does the department pay or the officers themselves, or all? And will she still be alive to collect by the time this … Continue reading “We’re the Only Ones Bending Knees Enough”
Kloepfer’s assertions against the County Attorney’s Motion to dismiss reject his claims, citing precedents, arguing qualified immunity does not apply because “Defendant Brown published a press release he knew or should have known to be false to ‘control the narrative’ about misconduct in a malicious and corrupt manner that constituted conduct prejudicial to the administration … Continue reading “Police Shooting Victim Disputes County Attorney’s Attempt to Have Complaint Dismissed”
“You’re going to kill me,” he told officers. And, as in Floyd’s case, the officers did not attempt life-saving measures, even as Timpa appeared limp and lifeless. Instead, they laughed at him and mocked him, talked to him like he was a child, and joked that it was time to wake up for school and … Continue reading “We’re the Only Ones Insane Enough”
Proposed Ohio constitutional amendment would end qualified immunity for state workers [More] I’m well aware of the abuses. That said, with the backing of Buckeye collectivists and BLM, why do I get the feeling this is less about ensuring appropriate “Only Ones” conduct and more about Cloward-Piven wealth transfers and turning urban areas into Portland? … Continue reading “And So It Begins”
The officers filed more than 26,000 completely falsified traffic tickets, as well as more than 32,000 tickets with inaccurate information into the racial profiling system. The study suggests this was done to bolster their own careers, with additional benefits offered to highly productive officers. [More] Yeah, back the blue… After all, it’s only a few … Continue reading “We’re the Only Ones Falsifying Enough”
SAF FILES FEDERAL LAWSUIT AGAINST ILLINOIS GUN BAN [More] Look at all the legal actions, just for this group. You’d better believe part of the enemy’s legal strategy is to use their virtually unlimited tax plunder resources to deplete their victims’ resources. I’d really like to see a concerted effort by the “gun lobby” to … Continue reading “Punching Back”
Denying qualified immunity in these cases could mitigate much of the resistance to Bruen. [More] Ah! I’m awake! I just had me a Ruk epiphany: [Via Michael G]
A Philadelphia woman visited a police station to find out why she appeared to have a police record despite having done nothing wrong — only to be arrested and put behind bars for nearly a week in a case of mistaken identity… Hudson, who is Black, would soon learn that she had been mistaken for … Continue reading “We’re the Only Ones Falsely Positive Enough”
A Chicago cop vacationing in Florida was arrested early yesterday after being caught urinating into an ice machine at a beachside bar, according to police who charged the visiting lawman with battery and disorderly conduct. [More] You have to wonder what orders a sociopath like this piece of crap wouldn’t obey. Don’t look for his … Continue reading “We’re the Only Ones P!$$ed Enough”
A Louisiana man is fighting in court for the First Amendment right to express satire after he made a joke about COVID-19, and was arrested by a sheriff’s armed SWAT team that confronted him with guns drawn. [More] Talk about deprivation of rights under color of authority… The only thing they’re laughing about is their … Continue reading “We’re the Only Ones Humorless Enough”
US Supreme Court Gives Police Green Light To Preemptively Shoot & Kill Drivers They Fear Could Pose Danger To Others With Their Car [More] Despite the science telling us: When it comes to assessments of risk, there may be no more pertinent emotion than fear. Just the kind of mental state that ought to “earn” … Continue reading “We’re the Only Ones Fearful Enough”
If it sounds like these authors, Guha Krishnamurthi (University of Maryland Francis King Carey School of Law) and Peter Salib (University of Houston Law Center) are hinting that cops just violate second amendment rights under the color of law based on the protections police enjoy virtually everywhere and in most, if not all, circumstances, you’d … Continue reading “Just Like the Framers Intended”
