Posted on 09/27/2020 4:21:06 AM PDT by karpov
After William Rainsberger was arrested for murdering his 88-year-old mother, he spent two months in jail before he was released on bail. A year later, prosecutors dropped the case, citing a lack of evidence. That decision was not surprising, because Rainsberger's arrest was based on a probable cause affidavit written by an Indianapolis detective who misrepresented crucial facts and omitted exculpatory information.
The detective, Charles Benner, nevertheless argued that Rainsberger could not sue him under 42 USC 1983, a federal statute that allows people to seek damages when government officials violate their constitutional rights. In a 2019 opinion, the U.S. Court of Appeals for the 7th Circuit demolished Benner's argument that he was protected by qualified immunity, a court-invented doctrine that limits such claims to cases in which officials are accused of violating "clearly established" law.
That opinion is of special interest to critics of qualified immunity—which in many cases has protected police officers from liability for shocking behavior—because it was written by 7th Circuit Judge Amy Coney Barrett, who is reportedly the leading contender to replace Ruth Bader Ginsburg on the Supreme Court. In addition to supporting legislation that would limit or abolish qualified immunity, its critics hope the Supreme Court will reconsider the doctrine in an appropriate case. While the 7th Circuit's decision in Rainsberger v. Benner does not reveal how Barrett would vote in such a case, it does suggest she is not the sort of judge who bends over backward to protect police officers accused of outrageous misconduct.
Ruth Rainsberger, who suffered from dementia, had three children. William was the most attentive, looking in on her every day, buying groceries for her, and helping her with her finances.
(Excerpt) Read more at reason.com ...
Now Reason MAGAzine can update their article....ACB will be replacing RBG.
It was a good and sound opinion by our Glorious ACB.
“Reason” magazine should know that you can’t reason from one specific case to a generality. The facts in the case required her decision.
Exactly, which demonstrates that Judge Barrett is actually goimg to rule after due diligence of each case, as opposed to being an activist of either side. Quite a refreshing thought, what a true judge should do.
There aren’t too many issues the left and right agree on, but curbing REAL police abuse is definitely one of them (of course that changes should the left get full control of government).
This will be interesting if Injustice Sullivan continues his persecution of Flynn and it goes to the SCOTUS.
Now apply her exact same reasoning to the federal agents that lied and withheld exculpatory evidence from the FISA court. There is a higher duty at the FISA court because of the nature of its secrecy. Without justice being brought to the federal agents that attacked the President and his team, we will not heal. Deep State actors can’t afford a reasonable woman like this on the Supreme Court.
“There aren’t too many issues the left and right agree on, but curbing REAL police abuse is definitely one of them”
As well as abuse of Constitutional rights by the FBI and every other agency that framed Trump and his administration.
They all belong in jail.
Vote in person.
Or politicians..?
Part of the reason why Deep State is losing its 💩 over her nomination?
I’d like to see a link to the actual decision itself.
Of course, qualified immunity does not cover up intentional misdeeds that disqualify justification for that immunity. An officer acting outside the color of law disqualifies themselves for any immunity they seek.
Yep - we still have some concern trolls using conversations they aren’t happy with and willing to ignore all her actual legal work...because....it’s what concern trolls do.
In a way, when she spoke at her nomination, she reminded me a bit of Trump - smart but down-to-earth real too.
bttt
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