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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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To: Ouchthatonehurt

Could be like false imprisonment is not quite kidnapping but actionable. Sort of a violation of civil rights tact. I bope the plaintiffs win and bankrupt the city government.


41 posted on 10/30/2020 10:15:19 AM PDT by Getready (Wisdom is more valuable than gold and diamonds, and harder to find.)
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To: EliRoom8
as an individual home or building they didn't approve of the wouldn't think twice about shutting off you power and water to starve you out then use force.
42 posted on 10/30/2020 10:31:48 AM PDT by bdfromlv (Leavenworth hard time)
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To: 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...

The names of the big guns behind the riots - those liberal marxist 'foundations' that supplied the bricks, food, tents, signs, guns, gasoline and baseball bats should have their names on the law suit too...

43 posted on 10/30/2020 10:41:11 AM PDT by GOPJ (* HUNTER BIDEN'S LAPTOP MATTERS - - HBLM 11th_VA)
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To: uranium penguin
the police are NOT under any obligation/ fault for not protecting you

The supreme court has stated this on multiple occasions. Anyone who depends upon the police to protect themselves or their property is a fool.

44 posted on 10/30/2020 10:45:00 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: nhsteve
Reagan judge Thomas S. Zilly of the Western District of Washington:

https://www.courtlistener.com/recap/gov.uscourts.wawd.287029/gov.uscourts.wawd.287029.23.0.pdf

45 posted on 10/30/2020 10:48:31 AM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: nhsteve

They have a good case on the facts, with the question of law unusual and novel in some ways, which makes it the stuff of appellate court opinions and law school textbooks. This case is unlikely to be resolved quickly or easily.


46 posted on 10/30/2020 11:49:44 AM PDT by Rockingham
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To: Professional

We have a lousy court system in NH. The AG’s office stinks too. I’m skeptical of the likelihood that this survives but I’m glad they at least tried. Most won’t or can’t afford the price of lawfare.


47 posted on 10/30/2020 12:00:29 PM PDT by nhsteve
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To: nhsteve
Judge Thomas S. Zilly was appointed by Reagan.

https://www.courtlistener.com/recap/gov.uscourts.wawd.287029/gov.uscourts.wawd.287029.23.0.pdf

48 posted on 10/30/2020 12:05:25 PM PDT by TChad (The MSM, having nuked its own credibility, is now bombing the rubble.)
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