South Carolina Ping
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Nikki Haley Ping
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Posted on 12/17/2013 1:31:33 PM PST by Theoria
Gov. Nikki Haley and state law enforcement agencies can be sued by Occupy Columbia protestors who were arrested in 2011 after living for a month on the S.C. State House grounds, a federal appeals court ruled Monday.
Haley and the chiefs of the state Bureau of Public Safety and state Department of Public Safety had asked the court to protect them from civil legal penalties, saying they only were carrying out their duties.
While Monday’s ruling centered on whether state officials were immune from the lawsuit, the Fourth Circuit of Appeals in Richmond, Va., said the Occupy protestors have “a viable claim” that the state violated their 1st Amendment rights.
The state did not have rules banning anyone from living on State House grounds when Haley ordered the Occupy Columbia protestors removed by 6 p.m. on Nov. 16, 2011, the court ruled.
Police arrested 19 protestors that night. Those charges later were dropped.
“It is not disputed that South Carolina and its state officials could have restricted the time when the State House grounds are open to the public with a valid time, place, and manner restriction. “However, ... at the time of Occupy Columbia’s arrest, no such restrictions existed,” the court wrote.
“We hold that the Occupy Columbia protesters have stated a viable claim that Appellants violated their First Amendment rights to assemble and protest peacefully on the grounds of the South Carolina State House in the absence of a valid time, place, or manner regulation.”
As a result, Haley and the state authorities remain defendants in the lawsuit brought by Occupy protestors, the court said.
The protestors want compensation for having their rights violated by their arrests.
(Excerpt) Read more at thestate.com ...
I smell and activist judge.....
Would someone with more legal knowledge than me say what this means?
A bar of soap would be appropriate compensation. Of course, it would have to be accompanied by instructions for use.
4th Circus? Have to research them,, do they know the 9th circus crew ,, maybe thru vacations. Uhhh.. Seminars in Hawaii..?
Another example of how far our so called “justice system” has sunk into the sewer. If the scumbags had occupied the “judges” chambers you can bet your sweet bippy that he would have had them all arrested.
Funny how a cop can shoot an unarmed man or woman or barking dogs, or shoot blindly at a car with children in it and get away with it via the “internal investigation” scam.
But arrest a liberal activist, that’s at the top of the mortal sin now in the U.S. Perhaps we should start identifying police shooting victims by their political philosophies so we can at least bust the cops that ‘accidentlly’ shoot a liberal.
Occupy “protesters” trespassed on the State capital grounds for over a month, and were finally arrested.
The court is saying that they can sue the state for their arrest on First Amendment (”Free Speech”) grounds. It isn’t saying they can win, but it’s stupid enough as is, because these suits are brought by activist lawyers, many of them supported by our tax dollars.
ping!
Just rewards for trespassing? Destruction/defacing of public property? Sounds like the judge is doing some bullying to me. If the asshat occupiers would put as much effort in to doing something constructive, that’d be nice.
They are planning to bring Occupy back in the new year. To push Obamacare out of the headlines and further Obama’s strategy to make “income inequality” an election issue.
The White Hut meeting he had with all those Democrat Mayors does not smell right to me. I think he made a deal where DeBlasio, et. al. agreed to leave the encampments alone this time.
Sounds like this judge is allowing them to sue Haley and others personally, not just sue the state. That could mean she’s driven out of office due to legal bills like Palin was.
That's the ultimate purpose. Lawyers looking out for lawyers.
The cop that shot at the van full of kids was fired.
http://www.rawstory.com/rs/2013/12/07/new-mexico-cop-fired-for-shooting-at-minivan-full-of-kids/
It’s very rare that cops face consequences for their actions, but it’s not unheard of.
Actually, it has more to do with who he/she does it to than what he/she does. To wit}Does he/she do it to a member of the protected class or to Joe Blow.
South Carolina Ping
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Nikki Haley Ping
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Would someone with more legal knowledge than me say what this means?
Fired and criminally liable are different. Like I said on the post where he was fired .... 8 months from now he’ll be in front of a panel with his union rep and probably reinstated.
He should have been criminally charged.
Thanks Theoria.
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