If one good thing can come out of the death of George Floyd, it will be the end of qualified immunity for police and prosecutors

[Ben_Natuf]

sovereign immunity is not just common law. it is a part of international law and the law of nations. it predates the constitution just as rights do.

[TheDoctorIsIn]

@Ben_Natuf

sovereign immunity is not just common law. it is a part of international law and the law of nations. it predates the constitution just as rights do.

You are describing what the term “common law” means - old legal traditions that exist outside of any specific government’s written law.

Statutory law trumps the common law.

[WuWei]

@zantax

What kind of idiot would take the job if they did?

Guys like this have it.

I bet this son of a bitch has no idea what it means. I know he can’t spell it.

What kind of idiots are taking the job with it?

[zantax]

@TheDoctorIsIn

Statutory law overrides the common law.

Unless there’s a Constituitonal argument, the court’s don’t have the power to invalidate laws they don’t like.

Can you make a Constitutional argument in favor of qualified immunity for cops?

Eleventh amendment

state-sovereign-immunity

Kind of a moot point in my book, nobody sane would take the job if they removed it. For the same reason I wouldn’t execute a citizens arrest. Way too risky in terms of liability.

[zantax]

@WuWei

@zantax

What kind of idiot would take the job if they did?

Guys like this have it.

I bet this son of a bitch has no idea what it means. I know he can’t spell it.

What kind of idiots are taking the job with it?

No, he only has it to a point, which he skated right past.

[WuWei]

[WuWei]

@zantax

@WuWei

@zantax

What kind of idiot would take the job if they did?

Guys like this have it.

I bet this son of a bitch has no idea what it means. I know he can’t spell it.

What kind of idiots are taking the job with it?

No, he only has it to a point, which he skated right past.

No, he had it. Right up until he was fired. That’s why he was fired first.

[zantax]

No, sovereign immunity doesn’t cover depriving someone of their constitutional rights.

https://www.ncsl.org/blog/2018/04/10/qualified-immunity-ruling-for-police-officer-causes-a-stir.aspx

State and local government officials can be sued for money damages in their individual capacity if they violate a person’s constitutional rights. Qualified immunity protects government officials from such lawsuits where the law they violated isn’t “clearly established.”

[WuWei]

■■■■ that cop. How about that?

[Ben_Natuf]

hmmm…

I stand corrected. They already can be sued.

https://www.lgit.org/DocumentCenter/View/1931/Litigation-Roadmap#:~:text=Under%20federal%20law%2C%20police%20officers,their%20personal%20and%20official%20capacities.

Apparently, this law won’t accomplish much

[WuWei]

@Ben_Natuf

hmmm…

I stand corrected. They already can be sued.

https://www.lgit.org/DocumentCenter/View/1931/Litigation-Roadmap#:~:text=Under%20federal%20law%2C%20police%20officers,their%20personal%20and%20official%20capacities.

Apparently, this law won’t accomplish much

Who pays?

[TheDoctorIsIn]

That’s the “qualified” part.

It is possible - but exceedingly difficult - to sue a cop.

I think the idea is to make it easier to do so.

[TheDoctorIsIn]

Depends. The government usually has deeper pockets than individual cops - so plaintiffs usually make sure that the city/county/state/fed is the one who’ll end up paying.

[Weedhopper]

Like Cuomo’s executive order that killed our elderly and Obama judges who release illegals into our communities and kill?

[Ben_Natuf]

gonna have other problems.

Congress lacks the power under Article I to abrogate state immunity under the Eleventh Amendment, and with its ruling in Alden v. Maine 36 that the broad principle of sovereign immunity reflected in the Eleventh Amendment bars suits against states in state courts as well as federal.

this of course applies to states, not municipalities. just the same.

state-sovereign-immunity

[TheRedComet]

We need fewer laws and better cops who respect their fellow citizens rights.

See the sheriff leading the march the other night and his deputies? Those are the kind of cops we need.

[Weedhopper]

He obviously didn’t have those Antifa terrorists distroying his community or did he?

[TriggerWarning]

@toreyj01

Well, he’s not FBI and this video is over a year old.

But people want it to be true and thats what counts.

[zantax]

@TheRedComet

We need fewer laws and better cops who respect their fellow citizens rights.

See the sheriff leading the march the other night and his deputies? Those are the kind of cops we need.

Take it up with Cuomo and Deblasio.

[ResPrivita]

Sovereign immunity, in most cases, does prevent bringing a legal action, usually dependent upon the states interpretations. It is used widely, and loosely. It might then allow certain legal actions, but will then limit liability etc…
A good example is when a hospital works with the needy allowing Doctors to help for no cost, they just ask they be immune from liability if they leave a trombone inside little timmy’s stomach.
Now why would a hospital serve the needy for free?
Because they then can apply that immune status in other aspects of, for pay, care in their hospitals. It also allows control over certain liable metrics as well giving them a better deal with the federal government when it comes to medicare-caide pay outs. Government contracts for hospitals are based on perfomance stats, better outcomes, better contract.
That’s why when grandma breaks her back, she’s told it’s a sprain, go home.