But this is a violation of the plaintiffs civil rights and there have been cases where the violation of one's civil rights persons were awarded thousands if not millions of dollars. I guess that the plaintiffs could file another lawsuit based on their civil rights were violated. There were some defendants in this case that tried to hide under the qualified immunity umbrella but they were proven that they did not have qualified immunity protections. So a whole in case could be in the works. How does a violation of freedom of speech rights differ from a violation of second amendment rights?
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Linton v Becerra (US Dist Ct Nor Cal) Judgement in favor Stewart and Jones, 6-17-24
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How does a violation of 2nd Amendment Freedoms differ from a violation of 1st Amendment Freedoms.Comment
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Well it looks like this case is now closed now that the court costs and attorney's fees have been awarded another feather in FPC'S cap.Comment
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Just curious is this case actually closed, or can the defendants be prosecuted under the following rule of law:- Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
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