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Appeals court bizarrely rules federal agents can legally threaten to shoot people over personal disputes
DonnyFerguson.com ^ | Sept. 15, 2021 | not listed

Posted on 09/18/2021 10:49:12 AM PDT by Leaning Right

What does it take to hold federal police accountable for using excessive force? That question is once again being raised with cases being appealed to the U.S. Supreme Court. And it’s coming to the Justices in the form of a petition from Kevin Byrd, a Texas mechanic who was almost shot to death by a federal officer in a dispute over a purely personal matter.

Kevin is not fighting alone. The Institute for Justice (IJ) represents him in his U.S. Supreme Court appeal.

(Excerpt) Read more at donnyferguson.com ...


TOPICS: Chit/Chat; Miscellaneous; Society
KEYWORDS: 3judgepanel; 3to0; 5thcircuit; banglist; carolyndineenking; donutwatch; donwillett; dubyajudge; federalofficer; fifthcircuit; jenniferelrod; jenniferwalkerelrod; keithellison; keithpellisom; keithpellison; peanutboyjudge; raylamb; scotus; sdtexas; supremecourt; texas; threejudgepanel; threeto0; trumpjudge
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To: Leaning Right

“... a Texas mechanic who was almost shot to death by a federal officer in a dispute over a purely personal matter...”

Somebody was playing hide the bone with someone else’s wife...me thinketh!😎


41 posted on 09/18/2021 12:20:41 PM PDT by Bonemaker (invictus maneo)
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To: 353FMG

According to this article that would classify as a “personal dispute”. So, yeah. But I may have something that jabs back.


42 posted on 09/18/2021 12:22:30 PM PDT by BipolarBob ("We the people" needs to be re-read, not reinterpreted.)
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To: Leaning Right

Doesn’t it seem like qualified immunity should apply when you are on the job? Off job is different. Maybe it is just the way the law was written and the judge had to go by what was on the books.


43 posted on 09/18/2021 12:24:12 PM PDT by packagingguy (Kit)
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To: Leaning Right

Tyranny of government and the Deep State continues to be laid open.


44 posted on 09/18/2021 12:27:58 PM PDT by antidemoncrat (somRead more at: https://economicti)
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To: Leaning Right

They are putting federal agents lives in danger with rulings like that.

If people think they have nothing to lose, it’s not going to take long for there to be a shortage of federal agents.

I’m surprised that hasn’t occurred to the federal thugs.


45 posted on 09/18/2021 12:30:15 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith…)
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To: 98charlie

So what you are saying is what everyone here had previously thought to be true. Of course everyone including law enforcement should follow what the law says, it just makes sense.

Then the ruling discussed in this thread comes across as very odd. Either there were major details left out of the article or the judges misread the law. Something is wrong here, I just cannot see pulling a firearm on someone, whether LE or a concealed permit holder, without some threat of bodily harm or death.

Thanks for clearing this up because otherwise it makes no sense.


46 posted on 09/18/2021 12:34:20 PM PDT by packagingguy (Kit)
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To: Leaning Right; Travis McGee; Tilted Irish Kilt; Kartographer; Diana in Wisconsin; JRandomFreeper

So, in a personal dispute, rather than a dispute in law, a fed can legally open fire on the guy who is arguing with him?

One step closer to CW II. Thanks, courts!

BLOAT, I guess.


47 posted on 09/18/2021 12:37:22 PM PDT by Tolerance Sucks Rocks (Florida: America's new free zone.)
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To: Leaning Right
Federal officers are entitled to absolute (not qualified) immunity, meaning they cannot be sued at all simply by virtue of being employed by the federal government.

This is nonsense I am a retired fed/leo there is no such thing as absolute immunity.

First and foremost you have to be acting within the scope of your authority as established under the limited statutory authority that leos are given. If you are found to be acting outside of your authority the AUSA, your union and even your personnel professional liability insurance will not cover or protect you from personal liability.

You are at the mercy of the US Attorneys Office as to whether they defend you. Remember the BP Agents they prosecuted and through under the bus. The US Attorneys Offices can be very political.

48 posted on 09/18/2021 12:49:40 PM PDT by usurper ( version )
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To: MercyFlush

Ask Ashli Babbitt


49 posted on 09/18/2021 12:59:40 PM PDT by Truthoverpower (Arizona !!!! Now the TRUMP TRAIN is getting back on TRACK ! TRUTH! FREEDOM ! LIBERTY! I could )
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To: 98charlie

Just because the authority over you is against what you do. If your action was against citizens it would be no holds barred.

You are sort of required by law but not supported. You are window dressing so they can say, “see, we are enforcing the border. Look at all these CBP people we have! Aren’t they nice?”

Sadly, you are token law enforcement. If you were not so you would have walls, concertina wire and machine gun nests to repel the invaders if they don’t stay on their side of the fence.

We are a legalistic nation but not a lawful or just one. We parse the law to fit the needs of the politicians and the powerful. Our justice is not blind, it peeks from behind the blindfold as it wants to to see what it wants to. For all that it does not want to see it is blind.

You have a really crappy job if you are sincere about what you do. If not sincere about what you do, you are a coupon clipping accessory to the crimes against the nation.


50 posted on 09/18/2021 1:03:58 PM PDT by Sequoyah101 (Politicians are only marginally good at one thing, being politicians. Otherwise they are fools.)
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To: MercyFlush

## Just ask Lon Horiuchi.

... and remember that Bob Barr gave this murderer pro-bono legal assistance.


51 posted on 09/18/2021 1:19:31 PM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: MercyFlush

Bk


52 posted on 09/18/2021 1:23:24 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: MercyFlush
Federal officers can MURDER people and get away with it. This is nothing new.
Just ask Lon Horiuchi.

The FBI has apparently been using the same type of tear gas canisters for years, even though the canisters have a tendency to set buildings on fire (and burn any occupants to death). Their repeated elimination of suspects by tear-gas-induced conflagration has prompted some folks to refer to the agency as the "Federal Bureau of Incineration"...

53 posted on 09/18/2021 2:13:26 PM PDT by Who is John Galt? ("He therefore who may resist, must be allowed to strike." - John Locke)
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To: Bob434

No, he was not muslim, and yes it was a clear cut case of self defense.

And he had a carry permit. The cops lied their asses off and should be in jail


54 posted on 09/18/2021 3:26:43 PM PDT by algore ( )
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To: Who is John Galt?

You made me think of the renegade cop in LA who was similarly immolated by his own department.


55 posted on 09/18/2021 4:44:54 PM PDT by MercyFlush (The American Revolution was a violent revolt against a dictatorship. )
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To: Leaning Right

This could also mean that the regular citizens could end up defending themselves, leading to people getting hurt.


56 posted on 09/18/2021 8:58:38 PM PDT by lurk ( )
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To: qaz123
What this court is saying has NOTHING to do with Qualified Immunity. This is taking immunity into a level probably never thought possible. And, as much as I loathe institutions like the ACLU, I’m hoping they’re swooping in. Qualified Immunity offers protection against civil suits. Nothing more. It prevents people from going after an LEO, after an incident. If it’s determined that the LEO acted properly, within their departments training, within the law....they didn’t do anything wrong, then they’re are protected from being sued in civil court.

You're mistaken about qualified impunity. In many cases, officers have been found to violate constitutional rights. They just did it in a way that no court has faced before, so qualified immunity applies.

But on the good news front, your wish has been answered and the ACLU is among those who have already chimed in.
57 posted on 09/19/2021 2:00:02 AM PDT by publiusF27
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To: 98charlie
This is completely false. I am a Border Patrol Agent and I can not even tackle someone who runs from me without being investigated.

You cannot do anything which may trigger a bunch of leftists into making charges of racism against your agency, without blowback.

I'm guessing the victim here was some white guy.

58 posted on 09/19/2021 2:06:19 AM PDT by SauronOfMordor (A Leftist can't enjoy life unless they are controlling, hurting, or destroying others)
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To: qaz123

It seems that being a federal officer has become a title of nobility, where the nobleman is immune from whatever he does to mere peasants.


59 posted on 09/19/2021 2:16:15 AM PDT by SauronOfMordor (A Leftist can't enjoy life unless they are controlling, hurting, or destroying others)
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To: usurper
You are at the mercy of the US Attorneys Office as to whether they defend you. Remember the BP Agents they prosecuted and through under the bus. The US Attorneys Offices can be very political.

Right. Exactly.

If you are politically disfavored, then you are screwed. If you are a federal agent who shoots a member of a politically protected class, then you are screwed. If an officer shoots you and you are not politically protected, then you are likewise screwed.

The concept of "equal protection " has gone out the window.

60 posted on 09/19/2021 2:21:45 AM PDT by SauronOfMordor (A Leftist can't enjoy life unless they are controlling, hurting, or destroying others)
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