Posted on 06/16/2018 8:21:25 PM PDT by 11th_VA
The city councilors who voted for the removal of Charlottesville's two Confederate monuments may be liable for damages and legal fees if the court ultimately rules in favor of the plaintiffs in the case, according to a written opinion signed Thursday by Charlottesville Circuit Judge Richard E. Moore.
In a news release, The Monument Fund, a group involved in the lawsuit against the city, announced that the court had sent the parties a letter explaining its opinion on whether the councilors are entitled to immunity.
“There may still be some questions, even if defendants are not immune, as to what damages they might be liable for, but they cannot, in any event, be immune to injunctions or fines or other sanctions for disobeying court orders,”
In the nine-page letter, Moore says that he thinks the council “was acting beyond its authority” and that it was not a “legitimate” legislative activity when the council voted to remove the statues, in contravention with a state law that prohibits the disturbance or removal of war memorials.
The letter goes on to say that granting the city and the councilors “immunity in this case and context would make [Virginia Code] 15.2 1812 and 1812.1 meaningless as to local authorities.”
According to the news release, the judge also determined that the fencing around the statues also could be a violation of the state law.
“The court had also previously ruled that the plaintiffs will recover their litigation costs including attorneys’ fees if they prevail, which today’s order confirms,” the news release says.
City officials could not be reached immediately for comment after the news release came out Thursday evening.
A hearing in the case related to procedural matters following the ruling is scheduled for June 19.
Good first step in the judicial process. Hold these dud councillors personally responsible with no sovereign immunity in play. That will end this nonsense in Virginia and likely other states as well.
2nd that. GET’EM!
Good- they tried to destroy history- and property-
The liberal judges want to destroy the history of the USA, make them pay. Most are leftist control freaks who would be slave owner democRATs in the past. They certainly are not liberty and freedom Republicans or Libertarians!
They rushed to offend those they disagree with before finding out if they could do it legally. Now they get to pay all legal fees and hopefully the re-installment of the statues.
I would hope when they shell out hundreds of thousands of dollars after taking 2nd mortgages on their homes to do so; it would give them pause before doing something so stupid in the future.
There are only two legal ways to get the attention of these scumbags. Either lock them up or make them pay... a lot. Hopefully they won’t get reelected either.
Take their wealth, arrest them and throw them in jail. If they complain, hang them. I am sick of all this lawlessness.
You may be asking "WHAT IN THE HELL IS THIS IDIOT TALKING ABOUT!" Well, if you don't know your HISTORY (REF. Civil War,) swallow your drink/food before reading any further. I don't want to be accused of making you choke! Arlington National Cemetery, is the second name of that piece of property, that originally was owned by none other then {WAIT FOR IT} Robert E. Lee, yes that would be Confederate General, Robert E.Lee's, home 1,100-acre estate, formerly known just simply as Arlington. Mary Custis Lee, wife of Robert E. Lee, she had inherited from her father, George Washington Parke Custis, upon his death in 1857. Custis, the grandson of Martha Washington, had been adopted by George Washington when Custis' father died in 1781.
What the history revisionist, at the Smithsonian, won't tell you, is that the first to be buried at Arlington were in fact buried in Mary Custis Lee's rose garden. This was a very plain & simple F-U / poke in the eye to Robert E. Lee. Just so you know the real full story of Arlington.
Cliff Notes version: Robert E. Lee & Mary Custis Lee's home 1,100-acre estate seized by the North. In December, 1882, the U.S. Supreme Court ruled 5-4 in Lee's favor in United States v. Lee 455 U.S. 252 (1882,) / United States v. Lee, 106 U.S. 196 (1882,) deciding that Arlington had been confiscated without due process Read more: http://www.smithsonianmag.com/history/how-arlington-national-cemetery-came-to-be-145147007/#ZuBrjDSZyZXylGXU.99
See also : https://en.wikipedia.org/wiki/United_States_v._Lee
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I am so happy to see someone get the truth out there! Enough of these whinny libs and their revisionist idea of what the US history “should” be like!
““The court had also previously ruled that the plaintiffs will recover their litigation costs including attorneys’ fees if they prevail, which today’s order confirms,”
And then executed.
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