I thought Trump was suing Stephanopoulos, as Stephanopoulos continued to say that Trump was guilty of Rape when the charge was not rape. That wacky lady that accused Trump of sex in the store’s dressing room.
Federal Agents Who Violate Individual Rights Can Be Sued For Damages, Supreme Court Rules
Setting an important precedent for law enforcement accountability and religious liberty, the U.S. Supreme Court last month sided with three Muslim men who say they were forced onto the No-Fly List when they refused to becomes informants for the FBI. With the ruling unanimous, Tanzin v. Tanvir reaffirms the principle that individuals can sue federal agents for violating their rights.
Muhammad Tanvir, Jameel Algibhah, and Naveed Shinwari are practicing Muslims who were approached by the FBI to spy on their communities. When the men refused to collaborate, they soon found themselves unable to fly. That came with a heavy cost. The men were effectively barred from visiting family members abroad, while Tanvir was forced to quit his job as a trucker.
“To be sure, there may be policy reasons why Congress may wish to shield Government employees from personal liability, and Congress is free to do so. But there are no constitutional reasons why we must do so in its stead,” the justice added. “We cannot manufacture a new presumption now and retroactively impose it on a Congress that acted 27 years ago.”
Though Tanvir and the other men can now proceed with their lawsuit, they could soon encounter another procedural roadblock. In a footnote, Thomas noted that the FBI agents are “entitled to assert a qualified immunity defense when sued in their individual capacities for money damages under RFRA.” Found nowhere in the Constitution and created whole-cloth by the Supreme Court, qualified immunity shields government employees from any legal liability, unless they infringed on someone’s “clearly established” rights. Since only a handful of federal courts have heard claims for damages under RFRA, it’s quite possible that Tanvir could still lose his case on the grounds that his rights weren’t “clearly established.”
Nevertheless, the decision in Tanzin v. Tanvir may signal a new receptiveness among the court to hold government officials accountable. Last month, the Supreme Court denied qualified immunity to Texas prison guards who kept an inmate in cells “teeming with human waste,” allowing the man’s Eighth Amendment lawsuit to continue. This rejection of qualified immunity was the first such denial in more than 15 years by the Supreme Court. (Curiously, Thomas was the only justice who dissented, and he did not explain his reasoning.)
That same month, the High Court held oral argument in Brownback v. King, which hinges on whether the government can create a new form of immunity for police brutality cases. This government accountability case centers around James King, who was brutally beaten by police officers in broad daylight and has been fighting for years to get his day in court.
“The Supreme Court has provided its full-throated endorsement of damages as a necessary and historic mechanism for constitutional accountability,” said Scott Bullock, president and general counsel of the Institute for Justice, which is representing King. “In doing so, the court also reiterated its support for the foundational principles of this country, such as that damages can be awarded to check the government’s power and that it is Congress’ job to engage in policy making. The court’s job is to interpret the law, not to do policy.”
Correct, my error, the s bag is being sued. Interesting that Trump has to appear by the S bad does not.