Don't look to them to save us.
Thomas Ascik is Senior Contributor at The Imaginative Conservative and a retired federal prosecutor.
Anybody can be sued for anything. It doesn’t mean they will prevail.
There’s businesses in Baltimore and Louisville that have filed suit against those cities.
” Section 1983 prohibits a state public official, acting “under color” of state law, from depriving any “person” of the “rights, privileges, or immunities secured by the [federal] Constitution and [federal] laws.”
And it gives the right to sue state officials who do so in civil court.
EXCEPT: in the Fourth Judicial District, this clause has been ruled (judge-made law) to apply only to descendants of slaves. (No kidding!). Ergo, no white, hispanic, native american, Pacific islander, etc., has standing to sue under this provision.
This is despite the legislative history of the act (congressional debates) and the express mention of any “person”.
This is the technicality on which the bulk of the Duke lacrosse players’ suit against Nifong and Durham were thrown out — because the law was ruled not to apply to them.
I hope every liberal hell hole is America is sued for trillions after this.
I hope it comes personally out of the salaries and pension plans of the politicians. First, anyways.
If insurers can skate due to acts of god, when government deliberately doesnt do its job, the actual officials ought to be sued and their fortunes confiscated for damages because its very clear in these cases they did not do their proper jobs, and often in fsct encouraged the groups in their behaviors and gatherings and rioting. Also standing down the police forces on purpose.
State laws allowing cities to be sued for damages caused by mobs and riots used to be widespread in the United States
Under eminent domain laws “inverse condemnation” is property of private owners that has been “taken” through government action, or inaction, though no exercise of legitimate eminent domain has been declared by the government authority.
In riots, damage caused by a government decision to abandon policing in one area, abandon public safety, or stand-down due to political reasons would be a clear “inverse taking.”
These laws were gradually removed by states by the 1960s, as leftists took control of most major urban areas.
NO
Disincorporate and divest.
Don’t tax people to pay for these a##holes inaction
The most important defense that cities have is Governmental Immunity. The private sector has no such protection.
(a)All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b)“Make and enforce contracts” defined
For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c)Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
Historically, lawsuits have been filed during or after every riot in Portland, alleging excess police force. And they win every time. It’s like an arranged funding source for terrorists.
It will come from the taxpayers, not the politicians. Sue BLM and ANTIFA.
In these cases the plaintiffs would have to prove that the cities had some contract that legally bound them to respond and protect their properties and persons. That may be a challenge.
The citizen is in a prickly middle ground. The police are lounging like stoners two blocks away, but they will jump to arrest the citizen who acts in self defense.
Don't look to them to save us.
governments generally do not have a duty to act ... but in the case of Seattle and the anarchy zone, Seattle actively aided the criminals by setting up porta pottys, protective barriers, and other services ... that makes the city of seattle complicit in criminal behavior ...