Tag: qualified immunity

The Immunity Syndrome

After Supreme Court Win, NRA Is Back Challenging ‘Qualified Immunity’ for Ex-NY Regulator [More]

In nutshell:

The plaintiff, the NRA, claimed that defendant Maria Vullo, while serving as the superintendent of the New York State Department of Financial Service (DFS), encouraged insurance companies to discontinue their relationship with the NRA in an effort to retaliate against and chill the NRA’s gun rights advocacy.

Holding her accountable for her sleazy, partisan abuse of power could be the greatest lesson she teaches Fordham students.

Here Come the Judge

We agree with the District Court that the Plaintiffs’ individual-capacity claims are barred by absolute judicial immunity. We further conclude that Article III’s case-or-controversy requirement bars official-capacity claims under § 1983 against state court judges who rule on firearms license applications under New York state law. Affirmed. [More]

Your options…

Sing it, Pigmeat!

[Via Jess]

We’re the Only Ones Indecent Enough

During a prostitution sting in 2019, Corral “made a wide turn from the middle lane,” per Houston Public Media. He subsequently crashed into a truck containing two passengers, including driver Ruben Rodriguez. Rodriguez sued, alleging both he and his passenger suffered injuries for which Corral should be held liable. [More]

While I’ve never availed myself of the services of a private whore, I understand at least with them you’re not the one who gets screwed.

[Via Michael G]

An Unqualified Question

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 a law saying such “officers” will not be protected by “qualified immunity”? Again, I don’t see much chance of it passing anytime soon, but how about just as a pre-election wakeup call for undecideds who weren’t aware that Democrats want to subject them to having to obey lawbreaking foreign nationals — or else?

We’re the Only Ones Indemnified Enough

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. [More]

Yet much of the non-critical thinking audience practically orgasmed when he announced it.

USA! USA!

[Via Michael G]

We’re the Only Ones Bending Knees Enough

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 settles?

[Via Michael G]

We’re the Only Ones Qualified Enough

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 society, we have decided that law enforcement officers deserve special protection.” [More]

Hoist with their own petard…

[Via Michael G]

The Immunity Syndrome

When Matthew sued the judge for these egregious violations of constitutional rights, Goldston argued that she could not be sued even if she had violated the Constitution by invoking judicial immunity. [More]

Making people you persecute believe they have no legal recourse seems like an invitation to try it another way.

[Via Michael G]

Police Shooting Victim Disputes County Attorney’s Attempt to Have Complaint Dismissed

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 of justice”… [More]

The defense of the indefensible continues.

Just Like the Framers Intended

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 be wrong. They say, “The officer’s justifications may conflict with the federal courts’ understanding of Bruen or the Second Amendment—perhaps flagrantly.” [More]

Funny… if they’re going to override Bruen, they don’t cite any Founding Era text, history, and traditions for enforcer supremacy over citizens’ unalienable rights…

Speaking of which, you’d think ol’ Guha would know better than to side with the Red Coats…

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