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Judge: Seattle’s Aid To Protest Zone Might Have Been a Taking
CATO Institute ^ | 10-28-2020 | Walter Olson

Posted on 10/30/2020 7:49:17 AM PDT by nhsteve

Ordinarily you can’t sue the government for failing to protect you from private criminal actors. But a federal judge has allowed a suit to go forward filed by business owners against the city of Seattle over injuries done by far‐​left activists who seized 16 blocks this June and proclaimed a weeks‐​long “autonomous zone” (CHOP or CHAZ).

Law professor Ilya Somin writes that he initially approached the case with skepticism, but was surprised to find it stronger than expected. The reason: the plaintiffs argue that the city did not merely stand by passively, but assisted the occupiers by letting them use city property such as street barriers which hindered the plaintiffs from enjoying free access to their businesses and homes.

(Excerpt) Read more at cato.org ...


TOPICS: Constitution/Conservatism; Government; US: Washington
KEYWORDS: bidenvoters; judiciary; politicaljudiciary; reaganjudge; seattle; thomasszilly; thomaszilly; washington; wdwashington
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Thoughts on the likelihood of success here? I reviewed the judge's decision (at the link) which includes a long list of things Seattle allowed or abetted. Seems like they have a case but then, do they?
1 posted on 10/30/2020 7:49:17 AM PDT by nhsteve
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To: nhsteve

I think they have a damn good case, and I hope they [revail.


2 posted on 10/30/2020 7:50:45 AM PDT by Robert DeLong
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To: nhsteve

Malfeasance is actionable

Read the contract any police officer signs when he gets hired


3 posted on 10/30/2020 7:52:08 AM PDT by Regulator
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To: Robert DeLong

I agree!!


4 posted on 10/30/2020 7:53:59 AM PDT by pollywog (" O thou who changest not....ABIDE with me")
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To: Regulator

Very good point!!!


5 posted on 10/30/2020 7:54:48 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: nhsteve

That’s a pretty strong argument. I wish them luck, it would set a precedent other municipalities would have to consider.


6 posted on 10/30/2020 7:54:56 AM PDT by BBQToadRibs
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To: Regulator

Consider too… dereliction of duty, failure of due diligence, aiding and abetting…. etc. LOTS of laws were broken by elected OFFICIALS


7 posted on 10/30/2020 7:56:51 AM PDT by SMARTY ("Barbarism is the absence of standards to which an appeal can be made" Y Gasset)
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To: nhsteve

The city will argue that it was acting in the public’s interest for safety. A taking is a steep hill to climb especially considering that the property owners were not permanently denied use of their property.


8 posted on 10/30/2020 7:59:38 AM PDT by Ouchthatonehurt
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To: BBQToadRibs

at some point. there has to be a decision between.

“don’t take the law into your own hands. the Police will protect you”

and

” the police can not be everywhere all at the same time. the police are NOT under any obligation/ fault for not protecting you”

This could be that case.


9 posted on 10/30/2020 8:00:10 AM PDT by uranium penguin
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To: Robert DeLong

webbed feet, quacks, feathers, waddles....The Taking Duck


10 posted on 10/30/2020 8:00:50 AM PDT by ptsal (CVote R.E.D. >>>Remove Every Democrat ***)
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To: SMARTY

The fundamental point about the Constitution of both the federal union and the states is that it’s a restraint on government.

Watching the imperious clowns of Puget Sound make it up as they went was breathtaking. It’s like a legal playground: they could be in court for the rest of their lives. Any attorney watching that carnival could have told them that.

But they were busy writing up briefs for the inevitable avalanche of lawsuits. What’s amazing is that the so-called District Attorneys...did nothing. Including the Federal DA.

They may soon be replaced by people who actually take their oaths seriously.


11 posted on 10/30/2020 8:01:30 AM PDT by Regulator
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To: nhsteve

The City of Seattle even provided fenced in areas, Porta Potties and Water where BLM and Antifa could set up camp grounds. IF that isn’t actionable, then what is?


12 posted on 10/30/2020 8:01:47 AM PDT by Howie66 ("Ghislane Maxwell Didn't Kill Herself")
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To: nhsteve

Has anyone seen, or does anyone have, an estimate of the total population within CHOP/CHAZ?


13 posted on 10/30/2020 8:03:50 AM PDT by coloradan (The Enemy Media isn't chartered to inform but rather to advance the interests of certain elites.)
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To: nhsteve

I just researched the Oath of Office. Just based upon the wording I believe that Seattle officials, including the Mayor, violated that Oath in total which would give those plaintiffs a case on that alone.


14 posted on 10/30/2020 8:04:50 AM PDT by Parmy
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To: Regulator

They may soon be replaced by people who actually take their oaths seriously.


Not by anyone in King County or Western WA for that matter.


15 posted on 10/30/2020 8:06:47 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: nhsteve

Everybody be say’n “Damn straight” and “Right on!”
over look that fact that the a-hole politicians will skate and the taxpayers will foot the bill.

Again.


16 posted on 10/30/2020 8:07:12 AM PDT by ASOC (Having humility really means one is rarely humiliated)
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To: Robert DeLong

[revail = prevail -8>P


17 posted on 10/30/2020 8:07:33 AM PDT by Robert DeLong
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To: coloradan

You have to look in King county records I think - say several thousand


18 posted on 10/30/2020 8:08:03 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: Parmy

Malfeasance of Office
Researching case-law now.


19 posted on 10/30/2020 8:08:07 AM PDT by Cletus.D.Yokel (Scatology is serendipitous.)
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To: nhsteve

It’s time to pay those business owners and residents REPARATIONS!


20 posted on 10/30/2020 8:11:08 AM PDT by MarineBrat (Better dead than red!)
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