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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 05-08-2012, 5:10 AM
vantec08 vantec08 is offline
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Default Qualified immunity refused in wrong address case

http://www.kcbd.com/story/18169737/j...lubbock-police

next . . . .. some mandatory punitive damages (one hopes)
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Old 05-08-2012, 5:17 AM
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"qualified immunity" is meant to protect officials from being sued unless they're incompetent or knowingly in violation of the law.

I would say that going to the wrong address qualifies as incompetence.

The judge ruled that there are too many disputed facts to allow the officer to have qualified immunity. The judge was very clear to say in his ruling that he was not deciding who was right or wrong, only that the case has factual disputes and therefore the lawsuit stays on track to be presented to a jury.
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Old 05-08-2012, 5:25 AM
vantec08 vantec08 is offline
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Dam right dominic. It is way past time for some judge, somewhere, to step up to the plate and say NO.
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Old 05-08-2012, 5:43 AM
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outstanding...
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Old 05-08-2012, 5:58 AM
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Not enough particulars for me to find it too awesome or otherwise.

But it is interesting. . .
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Old 05-08-2012, 6:40 AM
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Quote:
Originally Posted by OleCuss View Post
Not enough particulars for me to find it too awesome or otherwise.

But it is interesting. . .

Police were at the WRONG address. That much is established.
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Old 05-08-2012, 7:42 AM
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The immunity we need to nullify is that given to the legislature and governor. Author, vote for, or pass a law that is found unconstitutional, lose immunity and pay civil damages to all who were harmed by the law.
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Old 05-08-2012, 8:00 AM
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Kudos to this judge for finally thinking through one of these cases instead of just falling back to the default position.
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Old 05-08-2012, 8:44 AM
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Quote:
Originally Posted by vantec08 View Post
http://www.kcbd.com/story/18169737/j...lubbock-police

next . . . .. some mandatory punitive damages (one hopes)
This put such a smile on my face, thank you vantec!
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Old 05-08-2012, 8:51 AM
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Quote:
Originally Posted by vantec08 View Post
Police were at the WRONG address. That much is established.
No argument on that.

But is it possible that as the information develops in court that qualified immunity may be granted at a later stage?

I just don't know.
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Old 05-08-2012, 9:42 AM
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Quote:
Originally Posted by dominic View Post
"qualified immunity" is meant to protect officials from being sued unless they're incompetent or knowingly in violation of the law.

I would say that going to the wrong address qualifies as incompetence.
Yeah, possibly. They didn't go to the wrong block, or city. They went next door, which seems to mean 10 feet away (but we don't know this, obviously. It was an apartment that the older gentleman was in, after all.).

We don't know many of the facts, and the article doesn't talk about what the disputed facts are (except for who shot first).
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Old 05-08-2012, 10:12 AM
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I Love it when law enforcement Officers are held to the laws. It so pisses me off that LEO's dont use turn signals and routinely look the other way when witnessing people speeding. If the law says 65, then it should be enforced at that. I know they dont enforce till 70+ but..

ok ok I am not going to thread jack and start a flame war....
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Old 05-08-2012, 10:23 AM
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Quote:
Originally Posted by littlejake View Post
The immunity we need to nullify is that given to the legislature and governor. Author, vote for, or pass a law that is found unconstitutional, lose immunity and pay civil damages to all who were harmed by the law.

Whoa, but that might offend the Prop 8 anti-rights people.
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Old 05-08-2012, 10:38 AM
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I have no problem with this. If we hold health care workers to the standard of "right person, right meds, right time, right method" then I'm pretty sure we can hold police to the standard of "ensure you have the right address".
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Old 05-08-2012, 12:17 PM
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Quote:
Originally Posted by bwiese View Post
Whoa, but that might offend the Prop 8 anti-rights people.
Good thing no one has a right to not be offended.
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Old 05-08-2012, 12:34 PM
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Many great things in this story.

- Mr. Williams was not charged for defending himself.

- Mr. Williams lived to see his day in court.

- The judge seems to be okay with police being held to a similar standard as regular citizens.

Sure, mistakes happen. But when those "mistakes" endanger or cause harm to an honest citizen, someone needs to be held accountable.
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Old 05-08-2012, 12:45 PM
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Quote:
Originally Posted by bwiese View Post
Quote:
Originally Posted by littlejake View Post
The immunity we need to nullify is that given to the legislature and governor. Author, vote for, or pass a law that is found unconstitutional, lose immunity and pay civil damages to all who were harmed by the law.
Whoa, but that might offend the Prop 8 anti-rights people.
Mixing religion and politics.

Which side is that?

The side that believes a religious ceremony is a right or that government can define a religious ceremony and thus the religion?

This will not end well...

ETA: Post No. 666
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Old 05-08-2012, 12:59 PM
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Quote:
Originally Posted by morfeeis View Post
This put such a smile on my face, thank you vantec!



I am almost tempted to say we are at the bare-bones beginning of some long overdue "change" for the better, but am in a holding pattern for the FL case and November.
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Old 05-08-2012, 1:11 PM
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There is still hope for justice in America!
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Old 05-08-2012, 1:21 PM
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Thats great to hear.
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  #21  
Old 05-08-2012, 7:30 PM
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It is long past too late for this. Officers are people too; people are held accountable for their actions.
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