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To: Natural Law
I have to ask what the founding fathers would have said regarding the extraordinary responsibilities that accompany the extraordinary powers given to the law enforcement officers.

They would have said what the law says today: if your rights have been violated by a law enforcement officer you have a right to swear out a criminal complaint and to file a civil suit.

Which is precisely what Mr. Jacobs is doing.

131 posted on 10/08/2007 10:40:51 AM PDT by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: wideawake
"if your rights have been violated by a law enforcement officer you have a right to swear out a criminal complaint and to file a civil suit"

I would challenge you to find a case anywhere in the US in the last ten years in which a police officer or police management was charged, tried, and convicted of any abuse of power. In the absence of proven malice, the doctrine of official immunity trumps the constitution. (note: Malice is either expressed or implied. Express malice occurs when a party gives notice of the intention to commit a crime. Implied malice occurs when, in the course of nefarious or unlawful doings, a party causes the death of another party or does harm to another.) Indifference to the harm caused to a citizen or even criminal negligence are protected by this doctrine. Police departments don't care that the taxpayers have to foot the bill for their failures and being on several weeks of paid administrative leave until the public ire blows over isn't a deterrent.

182 posted on 10/08/2007 11:31:08 AM PDT by Natural Law
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