Posted on 03/10/2021 11:23:46 AM PST by nickcarraway
That’s fine. Their police force and city can be sued.
Thanks you Nick for succinctly stating what I was going to say in a few extra sentences,
I am going to use those extra sentences anyway...hahaha....
A cop who get sued but was performing his official duties and not breaking the law can be granted qualified immunity by the federal judge when the civil rights lawsuit is filed against the city and the agency.
A federal judge can decline to give qualified immunity Which only keeps the officer from being personally liable and does not keep the city ir agency from being being found liable.
I want to add....this story is incredible. If true it is an egregious act committed against a free man by his government.
As always I will reserve judgement until I hear the other side’s version.
Plaintiffs’ attorneys will occasionally forget to add details that reflect poorly on their possible payday.
This sort of behavior is likely to spill over and get Derek Chauvin convicted of murder, even though the latter had zero to do with this case.
John Roberts Legal Analysis:
1. Sit at his desk.
2. Flip a coin.
3. Heads - Standing Tails - Laches.
I might have believed it was the beginning of a home invasion. The result could have been unfortunate.
From a different angle, are we supposed to defer to anyone in street clothes because they might be the police?
Eliminate Qualified Immunity for ALL government employees, including cops.
If one pays close attention to SCOTUS rulings, they seldom rule against government power. This has been particularly true for the Roberts court.
That's problem #1.
Problem #2 is plain-clothed officers shouldn't be doing neighborhood policing. There's a role for under-cover, plain-clothed officers, but this isn't that role. We put cops in uniforms who are on the beat because that uniform announces to others that he's working on behalf of the government securing the peace. A loud-mouth in civies busting someone's balls....is just a loud-mouth in civies busting someone's balls irrespective of the badge that person may have in his pocket.
90% of the problems police get themselves into is either directly or indirectly due to a lack of circumspection. This is yet another example of that lack of circumspection.
Ah, Cleveland.
City of light, city of magic.
SCOTUS has told the world that they are completely insignificant. Had to believe that 9 people can make decisions that effect the people of this country.
There is currently legislation working its way through the house of representatives, and is expected to pass, which redefines “qualified immunity” and will hancuff SCOTUS in these types of cases. It is called: George Floyd Justice in Policing Act of 2021” and is also called House Bill 1280. It is aimed at racial attacks by police officers, but the qualified immunity reduction helps all Americans by causing the Police to beware being sued.
https://legiscan.com/US/text/HB1280/2021
Forget Qualified Immunity. The big ticket is full on immunity for people like the cop who shot and killed Ashli Babbitt. No name. No charges. No investigation. Now *that’s* immunity.
That’s fine. Their police force and city can be sued.It's not fine. The cops should pay from their pockets, pensions fund, and/or malpractice insurance.
That’s happening around the country.
And cases like this, if everything that was written is the Gospel truth, are the reason for it. This is why the Left, Democrats and community organizers can garner the support they do. They’ll show up, talk to this guy and BAMMM....another Dem voter and more support for taking away qualified immunity.
* ...after due process.
I used to work plain clothes. And you ain’t wrong about anything you wrote.
“Howse did not oblige”
He resisted, so he did have other options.
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