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To: ebshumidors

There just cannot be absolute immunity even when speaking from the floor! Otherwise, some scumbag rat can go before the mic, pick any innocent private citizen, allege one or more of the defamation requirements, and speak all day spewing total lies.


21 posted on 01/23/2019 9:45:59 AM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: SgtHooper

from Findlaw:

https://blogs.findlaw.com/injured/2013/04/what-is-qualified-immunity.html

Qualified immunity shields public officials from damages for civil liability so long as they did not violate an individual’s “clearly established” statutory or constitutional rights.

The immunity is available to state or federal employees, including law enforcement officers, who are performing their jobs. As a result, if a state or federal employee violates an individual’s federal constitutional rights, that employee is protected from liability if he or she did not violate rights spelled out by a “clearly established” law.

Why are these protections available? The goal of the immunity is to allow state and federal employees to perform their responsibilities without fear of being sued by individuals who may suffer injuries.

When can an official use qualified immunity?
The defense of qualified immunity turns on the reasonableness of the act at issue. The law asks if a “reasonable person” in the defendant’s position would have known that his or her actions violated clearly established law. Whenever the answer to that question is “no,” qualified immunity kicks in.

The muzzie witch fails the “reasonable person” requirement!


24 posted on 01/23/2019 9:55:13 AM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: SgtHooper

That’s what Harry Reid did when he accused Romney of not paying taxes. He knew he was untouchable.


27 posted on 01/23/2019 11:09:31 AM PST by ebshumidors
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