Here's an interesting little tidbit from my own field of work where the issue of sovereign immunity has come into play ...
Remember all the controversy a few years about the numerous cases around the country where state governments sold long-term leases on toll roads to private companies -- where almost all of the investors who bought these leases were foreign interests? Do you even hear any clamoring about this anymore?
I haven't heard a peep about it in years -- and there's a reason for it: Most of these transactions have been colossal blunders for the investors. And a big reason for this is tied to a key ruling in a civil lawsuit some years ago -- where the private company operating the Indiana Toll Road lost a legal battle to claim sovereign immunity in their operation of the roadway. So the State of Indiana would have sovereign immunity if it operated the highway, but a private company would not.
Guess what ... No investor with half a brain would ever buy a toll road concession under these terms.
“Eliminate qualified immunity from police officers and you’d no longer have the police operating as a government agency or department.”
How ya figure?
Instead, a government would have every reason to contract their police work out to security firms like Blackwater. Does that sound like a scenario you’d recommend?
It sure does. They can be sued civilly and prosecuted criminally so I dont see a problem with it.
L