Notes from the Resistance
Police in California are not immune from civil lawsuits for misconduct that happens while they investigate crimes, the state Supreme Court ruled this week, overruling a precedent made by lower courts that had helped protect law enforcement from litigation for decades. [More]
Good. Maybe. Before cheering too loudly, consider the inevitable increased lawlessness and demands for more citizen disarmament.
[Via Michael G]
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 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]
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 qualified immunity.
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” a qualified immunity license to kill, no?
[Via Dan Gifford]
Windsor officers sued over traffic stop of Black man protected from some claims, judge rules [More]
Some general rules of thumb that work most of the time and have kept me from being assaulted and kidnapped on more than one occasion: Be the adult on the scene. Don’t argue and resist. By the same token, don’t consent and/or volunteer information. File any resulting complaints when you’re safe.
[Via Mack H]
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 us about department policy and the prosecutor?
[Via Michael G]
