Category: Legal

Qualified Impunity

All to say, the Supreme Court’s original justification for qualified
immunity—that Congress wouldn’t have abrogated common-law
immunities 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 actors who violate Americans’ federal rights is not immunity, but liability—indeed, liability notwithstanding any state law to the contrary. [More]

So the whole scam is exactly that, and it’s within the power of the Supreme Court to end it…?

[Via Michael G]

New York, New York, It’s a Wonderful Town

A New York City parking garage attendant was hit with an attempted murder charge after confronting an armed thief and wrestling the gun away before opening fire on the suspect. Moussa Diarra, 57, is also charged with assault and criminal possession of a weapon in connection with the incident that occurred at around 5:30 a.m. Saturday morning. [More]

This is what the prohibitionists would have us all reduced to.

With “legally-recognized” criminal possession exceptions, of course.

Funny, how often the racist inequities of that turn up.

UPDATE

DA Alvin Bragg will not prosecute NYC garage worker who shot armed thief [More]

Yeah, now that there are eyes on this and he fears it may affect public sympathies for him in his quest to make a national name for himself in the political persecution of Orange Man.

Why was the poor guy charged in the first damn place?

Unclear on the Concept

No wonder she’s so hot for “red flag laws.”

[Via WiscoDave]

Brace Yourselves

For the reasons discussed, the Court DENIES Plaintiffs’ request for injunctive relief or, in the alternative, for postponement of the Final Rule’s effective date (ECF No. 33). [More]

So infringements by swarms of officers are constitutional now…?

Oh, look! He was nominated by the Vote Freedom First President!

[Via Jess]

We’re (Joseph T. Davis) the Only Ones Sealing Enough

A special agent with the U.S. Alcohol, Tobacco, Firearms, and Explosives (ATF) has decided to enter a plea deal in a Cochise County court to resolve an allegation he engaged in nonconsensual sexual contact with a bartender while off-duty at a Bisbee hotel in 2020. But first, Joseph T. Davis wants most of the case documents sealed from the public, purportedly due to potential career and safety issues. [More]

Set loose the Streisand Effect!

[Via WiscoDave]

UPDATE

You complain, we listen. Received via email:

Normal American
You
David:

I was distressed and disturbed to read your post about the ATF agent who wanted his court documents sealed, especially when I read his full name in the body of your post.

This is inappropriate. The correct approach is to put his full name in the headline of the post, which carries with it more SEO weight.

I hope you fix this unfortunate oversight.

NA

A Salvage Operation

DOJ is filing an appeal to overturn the district court’s preliminary injunction, and filing an emergency motion to stay, or halt, the portions of the order that would ban enforcement of the UHA’s requirements that semiautomatic pistols for retail sale have a chamber load indicator and magazine disconnect mechanism. The motion does not seek to immediately stop the part of the court’s decision enjoining the microstamping requirement. [More]

These bastards work in increments both ways. They’re trying to salvage what they can for now. They’ll come back for the rest later, assuming their subversions will assure enough dominance to control future courts.

You just gotta wonder what kind of Republicans would be stupid and/or treasonous enough to help them get an unchallengeable majority.

[Via Jess]

Restraining the Restrainers

In the Fifth Circuit, the entire Court has ruled, en banc, that rights protected by the Second Amendment may not be infringed by mere civil restraining orders. The unconstitutional infringement was placed into law by the infamous Lautenberg amendment in 1996. Hundreds of thousands of lives have been turned upside down and ruined by this infamous and unjust law. [More]

So unproven accusations by parties with vested interests aren’t enough?

The Better to Eat You With, My Dear

Attorneys representing the Second Amendment Foundation and its partners in a case concerning gun owner privacy in California have filed a respondent’s brief in the ongoing case of Barba v. Bonta, challenging the constitutionality of a 2021 law requiring the California Department of Justice (CAL/DOJ) to share extensive personal identifying information of gun owners in the state with a non-government research group. [More]

These guys…

In fairness, sneaking to violate privacy and rules just wasn’t cutting it.

Hanging Separately

Mr. King advised that I was wasting my time looking for New York Attorney and that the NYSRPA and the NRA would not help legally. The call did not end well when I pressed Mr. King about those in our ranks turning customer data over to the government and law-enforcement agencies… hung up on me? I will address that conversation in a separate video post. [More]

I wonder how many members had and will have data compromised.

[Via Jess]

We’re the Only Ones Humiliated Enough

Seven members of the Adams County Sheriff’s Office who raided Joseph Foreman’s home last year are now suing him claiming, among other things, that he invaded their privacy. Four deputies, two sergeants and a detective are claiming Foreman (a.k.a. “Afroman”) took footage of their faces obtained during the raid and used it in music videos and social media posts without their consent… They’re also suing on civil grounds, saying Foreman’s use of their faces (i.e. personas) in the videos and social media posts resulted in their “emotional distress, embarrassment, ridicule, loss of reputation and humiliation.” [More]

After they invaded his privacy.

To paraphrase Rhett Butler, they should be humiliated, and often. And by someone who knows how. But they’re trying to hide from that:

Ladies and gentlemen, the hysterical musical stylings of Afroman!

Streisand effect, anyone…?

[Via WiscoDave]

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