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Blogging on Qualified Immunity

Doug_Nightmare

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In this Article, I offer five predictions about how constitutional litigation would function in a world without qualified immunity that should assuage these concerns. First, there would be clarification of the law, but modest if any adjustment to the scope of constitutional rights. Second, plaintiffs’ and defendants’ litigation success rates would remain relatively constant. Third, the cost, time, and complexity associated with litigating constitutional claims would decrease. Fourth, more civil rights lawsuits would likely be filed, but other doctrines and financial considerations would mean that attorneys would continue to have strong incentives to decline insubstantial cases. Fifth, indemnification and budgeting practices would continue to shield most government agencies and officials from the financial consequences of damages awards.
 
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FreedomVA

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I'll leave these great words from one of our Founders


Maybe, just maybe one day our "Bill of Rights" will be respected
 

solus

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Yo dougie wheres the beef...your first cite, quote, ...this coming week...unquote.

Here’s the second document’s cite [ https://poseidon01.ssrn.com/deliver...2122028102121108026012029077082070113&EXT=pdf ] instead of just the abstract as dougie cited as well as the lead sentence into the conclusion, quote
[Spoiler alert!]
Conclusion ~
Critics and supporters of qualified immunity appear to agree that constitutional litigation is dominated by the doctrine. For critics, qualified immunity is a scourge that closes court- house doors to people whose constitutional rights have been violated. For supporters, qual- ified immunity is the only shield against an avalanche of frivolous suits, thus its “importance to society as a whole.”

Eliminating qualified immunity will not address these barriers to relief and reform. Unquote

Bottom line of 50 page article...’elimination...will not address...relief and reform!
 

FreedomVA

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Yo dougie wheres the beef...your first cite, quote, ...this coming week...unquote.

Here’s the second document’s cite [ https://poseidon01.ssrn.com/deliver...2122028102121108026012029077082070113&EXT=pdf ] instead of just the abstract as dougie cited as well as the lead sentence into the conclusion, quote
[Spoiler alert!]
Conclusion ~
Critics and supporters of qualified immunity appear to agree that constitutional litigation is dominated by the doctrine. For critics, qualified immunity is a scourge that closes court- house doors to people whose constitutional rights have been violated. For supporters, qual- ified immunity is the only shield against an avalanche of frivolous suits, thus its “importance to society as a whole.”

Eliminating qualified immunity will not address these barriers to relief and reform. Unquote

Bottom line of 50 page article...’elimination...will not address...relief and reform!
Our system is base on Check and Balances otherwise they will run amuck...
 

solus

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Snipppp...misattributed foto...

I'll leave these great words from one of our Founders

Maybe, just maybe one day our "Bill of Rights" will be respected
Sorry, freedomVA....Franklin had long turned to dust in his grave when this quote was misattributed to him...
May 2016 snopes, quote

Social media platforms have long proved a popular outlet for the circulation of quotes from well-known figures, with a significant proportion of them being mistattributed or apocryphal. A long-circulating example of this phenomenon is a quote attributed to Founding Father Benjamin Franklin highlighting the responsibility every citizen bears to “question authority”:

For the most part, the earliest online attributions of this thought to Franklin go back no further than the 2000s, which suggests that the origin of this statement is much more recent than the 18th century. One of the earliest appearances of the quote online was published on 12 August 2005 in the course of a discussion on a page for politically active librarians called Radical Reference. The original poster wasn’t seeking to attribute the entire quote to Franklin, nor did he even mention Franklin; he merely aimed to trace the origins of the short phrase “question authority.” Unquote

 

Ghost1958

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Sorry, freedomVA....Franklin had long turned to dust in his grave when this quote was misattributed to him...
May 2016 snopes, quote

Social media platforms have long proved a popular outlet for the circulation of quotes from well-known figures, with a significant proportion of them being mistattributed or apocryphal. A long-circulating example of this phenomenon is a quote attributed to Founding Father Benjamin Franklin highlighting the responsibility every citizen bears to “question authority”:

For the most part, the earliest online attributions of this thought to Franklin go back no further than the 2000s, which suggests that the origin of this statement is much more recent than the 18th century. One of the earliest appearances of the quote online was published on 12 August 2005 in the course of a discussion on a page for politically active librarians called Radical Reference. The original poster wasn’t seeking to attribute the entire quote to Franklin, nor did he even mention Franklin; he merely aimed to trace the origins of the short phrase “question authority.” Unquote

Snopes? Really?

'If old Ben said it or not it is the truth


We the people or citizens of you prefer, created gov, both state and Fed, and granted them limited permission to exercise authority.
That they for decades have decided to grant more power to themselves makes it is incumbent on every American to question authority.

Any law that is repulsive to the COTUS is null and void. And no court can give such a law legitimacy.
 
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solus

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Snopes? Really?

'If old Ben said it or not it is the truth


We the people or citizens of you prefer, created gov, both state and Fed, and granted them limited permission to exercise authority.
That they for decades have decided to grant more power to themselves makes it is incumbent on every American to question authority.

Any law that is repulsive to the COTUS is null and void. And no court can give such a law legitimacy.
Sorry ghost, et al., why on earth should “WE” use or perpetuate BS ~ whether misattributed memes or misinformation or exaggerated nonsense to push our 2A cause, especially since antis can turnaround and shove our gaff up our noses with glee pointing out how stupid we are...

Ipse
 

FreedomVA

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Sorry ghost, et al., why on earth should “WE” use or perpetuate BS ~ whether misattributed memes or misinformation or exaggerated nonsense to push our 2A cause, especially since antis can turnaround and shove our gaff up our noses with glee pointing out how stupid we are...

Ipse
Alas Solus......you still have the thinking of the Crown...need to stop that


images.jpg
 
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solus

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Alas Solus......you still have the thinking of the Crown...need to stop that


View attachment 13688
Two for two...

George Washington did not say:
When any nation mistrusts its citizens with guns, it is sending a clear message. It no longer trusts its citizens because it has evil plans.
Nope. Nada. Nothing of the sort. It doesn't even sound like him. It certainly doesn't sound like the President George Washington who federalized militias to put down the Whiskey Rebellion. It's nowhere to be found in any official source from George himself! Check out a few: http://gwpapers.virginia.edu/documents/ http://memory.loc.gov/ammem/gwhtml/ http://rotunda.upress.virginia.edu/founders/GEWN.html

Geez Louise, People! If you have to rely on such false and misleading statements, offending the memory of our founders and the principles they did give us, maybe, just maybe, you should rethink what you are trying to defend - or attack. Just sayin'!


And...
From RedGrittyBrick via Skeptics.Stackexchange.com: The author of the quote appears to be someone named Joe Spenner who authored a pamphlet in which there is an introduction by Spenner (note the absence of quote marks - he isn't quoting) containing the phrase in question, below this a horizontal dividing line, below the line are a series of quotations (in quote marks) attributed to George Washington. It seems clear that the quotation in question is part of Spenner's introductory remarks and Spenner is the original author.
 

Ghost1958

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Sorry ghost, et al., why on earth should “WE” use or perpetuate BS ~ whether misattributed memes or misinformation or exaggerated nonsense to push our 2A cause, especially since antis can turnaround and shove our gaff up our noses with glee pointing out how stupid we are...

Ipse
Snopes is a rag.

That said . If Ben said it or not.

The words I used about no court having the ability to legitimize a unconstitutional law is the SCOTUS speaking, not me.

We created government . And like every other government that becomes out of control and oppressive to its citizens it can be uncreated, by two options the founders gave us.
A constitutional convention, or the last option . I prefer a constitutional convention.

But as citizens we do have the responsibility to question authority when it's called for.
 

solus

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Snopes is a rag.

That said . If Ben said it or not.

The words I used about no court having the ability to legitimize a unconstitutional law is the SCOTUS speaking, not me.

We created government . And like every other government that becomes out of control and oppressive to its citizens it can be uncreated, by two options the founders gave us.
A constitutional convention, or the last option . I prefer a constitutional convention.

But as citizens we do have the responsibility to question authority when it's called for.
Ghost you’re aware of the forum’s mandates...you got a cite for your USSC legalisms ?
 

Ghost1958

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Marbury vs Madison

"... The decision concluded “a law repugnant to the Constitution is void, and courts, as well as other departments, are bound by that instrument.”"

A court including the SCOTUS cannot legally declare an unconstitutional law , as constitutional.

There are other cases and rulings but I don't have time to look them up right now.
 

FreedomVA

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Bottom line for me is this, No one forced LEO or any government officials to work as a "PUBLIC SERVANT" and now they cried like a lil biotch when sued for something they know they did wrong. They all chose these job because its their future $$$ security when they hit golden age.

When an average citizen shoot a perp because we feel fear for our lives, do an average citizen's have QI? Heck NO....we have to spend thousands $$$$ and bankrupt our lives to prove our innocent, so where is the honest citizens QI?

Eliminate QI for all "PUBLIC SERVANTS' then maybe, just maybe there will be less LEO abuses and misconduct.
 
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solus

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Sorry you missed the spoiler alerts...

Ain’t going to happen as it is now ingrained into the judicial system!

No matter how many fake memes you wave...doing so just weakens your position as you appear as a savant to those in control...

[i know it makes you feel better and allows & tries to show your one of the other savants protesting]
 

solus

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It's sad, just truly sad...so here we are, what's next? accept it and move on?
No...but until those in “control” are voted out the ‘status quo’ remains.

until the newspeek/social media & jqpublic are shown viable commentary on the subject instead of made up BS & inaccurate nonsense which they can summarily dismiss ~ while publicly disgracing the presenter of the bogus nonsense & premise, only then can the true change begin.

Remember, citizens of the world are still fighting and dying, after enons, over which religion ideology is the one and only true one!
 

FreedomVA

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No...but until those in “control” are voted out the ‘status quo’ remains.

until the newspeek/social media & jqpublic are shown viable commentary on the subject instead of made up BS & inaccurate nonsense which they can summarily dismiss ~ while publicly disgracing the presenter of the bogus nonsense & premise, only then can the true change begin.

Remember, citizens of the world are still fighting and dying, after enons, over which religion ideology is the one and only true one!
I don't care about the rest of the world, only the good ole USA
 
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solus

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I don't care about the rest of the world, on the good ole USA
Ok...and why did 9/11 occur and from which religious zealots?

Or why massacre of western US settlers by a newly founded religious order occurred?

Oh wait the atrocities occurring in the black churches in the south, or the baptist church in texas or the synagogues...

ALL OCCURRENCES IN THIS COUNTRY...
 
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