• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

Gov't Official with NO Police Authority Detained Drivers, Granted Qualified Immunity

Views:1459
@IJvids

Do you think anyone who works for the government—not just the police—should be able to pull you over and detain you?

https://ij.org/case/minnesota-csi/

And if a government employee who was never granted police powers assumes these powers unilaterally and clearly violates your constitutional rights, should you be able to hold them to account? Or should they be allowed to get off scot-free through “qualified immunity” merely because they work for the government?

Across the nation, government officials are routinely exceeding their authority and violating the rights of ordinary Americans but are escaping accountability because of the court-created doctrine of qualified immunity. As a result, citizens have been beaten in unprovoked attacks, detained illegally, and even killed by government workers. But the victims and their families have been denied their day in court to hold these bad actors accountable because courts across the nation—following the lead of the U.S. Supreme Court—refuse to enforce constitutional limits on government officials who, they say, are shielded by qualified immunity.

When the U.S. Supreme Court created qualified immunity, it said it was balancing “two evils.” On the one hand, the Court conceded that granting qualified immunity would sometimes leave people without a remedy when government employees violated their rights. On the other hand, if suits were broadly allowed, those tasked with performing government jobs could be afraid to execute these tasks to the best of their abilities.

Qualified immunity was the Court’s attempt to get this balance right. It provided government officials with a protection from lawsuits, but only if these officials were executing the duties prescribed to them by law. In other words, immunity would be available only in suits “arising from actions within the scope of an official’s duties.”

If there is one thing that proponents and opponents of qualified immunity agreed on, this was it: A government official’s ability to claim qualified immunity could be raised only in in defense of their actions while doing their job; they couldn’t receive qualified immunity when their actions far exceed any reasonable interpretation of their authority.

But this baseline premise is no longer the case.

Several months ago, the U.S. Eighth Circuit Court of Appeals granted qualified immunity to a county engineer who acted like a modern-day “Dwight Schrute” from the TV show “The Office.” Despite having no authority whatsoever to act like a police officer, this engineer pretended to be a traffic cop by pulling over two trucks traveling peacefully on a highway and detaining the drivers for three hours. He then called a local sheriff’s office, tribal police, and state troopers, asking them all to come and ticket the drivers because they were over a weight limit that he had made up less than an hour before. When state troopers finally arrived, they ticketed one driver but dismissed the ticket the following day.

In the end, the engineer unconstitutionally detained the drivers and their trucks and forced the police to waste valuable time. But for some reason, the court granted qualified immunity to the county engineer, who has no business performing traffic stops, for his unlawful detention of the drivers.

The Eighth Circuit’s decision runs in the face of the Supreme Court’s precedent on qualified immunity. It is also inconsistent with this nation’s historical practices. To ensure that rogue agents are not able to cloak themselves in an unjustified immunity, the Institute for Justice (“IJ”) now represents the owner of the trucks (Central Specialties, Inc., “CSI”) in seeking Supreme Court review of the Eighth Circuit’s decision granting qualified immunity to the county engineer. This case is part of IJ’s Project on Immunity and Accountability, which is devoted to the simple idea that government officials are not above the rules; if citizens must follow the law, then government must follow the Constitution.
Donate to IJ: https://ij.org/support/give-now/

ij
,
institute for justice
,
freedom
,
liberty
,
individual rights
,
constitution
,
constitutional law
,
unconstitutional law
,
con law
,
constitutional litigation
    Movie Night
    Thumbnail for Gov't Says "Naaayyyy" to Horse Massage1:59
    Gov't Says "Naaayyyy" to Horse Massage
    IJvids
    1262 views
    Thumbnail for The English used to kill Kings for less0:43
    The English used to kill Kings for less
    bestofupgoat
    329 views
    Thumbnail for The Founding Fathers Thought America Was Doomed3:30
    The Founding Fathers Thought America Was Doomed
    ReasonVids2
    1387 views
    Thumbnail for Americans Want to Cut Spending: Q&A with Emily Ekins on new Reason Rupe Public Opinion Survey7:19
    Americans Want to Cut Spending: Q&A with Emily Ekins on new Reason Rupe Public Opinion Survey
    ReasonVids3
    1501 views
    Thumbnail for #AD | 48 hours of Glowing Skin✨ @vaselineindia | Amulya Rattan0:35
    #AD | 48 hours of Glowing Skin✨ @vaselineindia | Amulya Rattan
    Invidious8
    42 views
    Thumbnail for Another Sign of the Pole Shift 3:26
    Another Sign of the Pole Shift
    AOUisgay
    734 views
    Thumbnail for Tell Us the Story of How you Saw the Light2:47
    Tell Us the Story of How you Saw the Light
    AmericanRenaissance
    1032 views
    Thumbnail for What Should Have Happened at the Ketanji Brown Jackson Hearings6:26
    What Should Have Happened at the Ketanji Brown Jackson Hearings
    ReasonVids2
    1397 views
    Thumbnail for How Americans in 10 states voted on abortion access | Washington Post Universe0:50
    How Americans in 10 states voted on abortion access | Washington Post Universe
    invidious1
    900 views
    Thumbnail for Albert Bourla on why mRNA technology was "counterintuitive" to producing an effective vaccine | Washington Post1:57
    Albert Bourla on why mRNA technology was "counterintuitive" to producing an effective vaccine | Washington Post
    bestofwolfballs
    1740 views
    Thumbnail for Insane Clown Posse: 'We're First Amendment Warriors' for Juggalo Nation12:39
    Insane Clown Posse: 'We're First Amendment Warriors' for Juggalo Nation
    ReasonVids3
    1389 views
    Thumbnail for Paul Revere and His Relevance to Contemporary America with Author Joel Miller9:59
    Paul Revere and His Relevance to Contemporary America with Author Joel Miller
    ReasonVids
    1559 views
    Thumbnail for Parking Regulations Driving Away Business!1:34
    Parking Regulations Driving Away Business!
    ReasonVids2
    1296 views
    Thumbnail for Author Michela Wrong on Kenyan corruption and tragedy of post-colonial Africa10:00
    Author Michela Wrong on Kenyan corruption and tragedy of post-colonial Africa
    ReasonVids
    1413 views
    Thumbnail for American Dharma: Errol Morris on Steve Bannon, Cancel Culture, and His History With Theranos22:28
    American Dharma: Errol Morris on Steve Bannon, Cancel Culture, and His History With Theranos
    ReasonVids3
    1437 views
    Thumbnail for Turkish Menemen | The Golden Balance0:58
    Turkish Menemen | The Golden Balance
    Invidious9
    742 views
    Thumbnail for Keith Stroup, Co-Founder of the National Organization of Marijuana Laws7:20
    Keith Stroup, Co-Founder of the National Organization of Marijuana Laws
    ReasonVids3
    1729 views
    Thumbnail for Dogs: husky vs border collie agility | Eyepetizer2:17
    Dogs: husky vs border collie agility | Eyepetizer
    invidious
    964 views
    Thumbnail for Why The Future Is Better Than You Think15:33
    Why The Future Is Better Than You Think
    ReasonVids
    1686 views
    Thumbnail for Consumerism, Sex, Advertising, and Human Nature: A Talk With Evolutionary Psychologist Gad Saad9:50
    Consumerism, Sex, Advertising, and Human Nature: A Talk With Evolutionary Psychologist Gad Saad
    ReasonVids2
    1620 views
    Thumbnail for Damon Root - Supreme Court Pandering3:18
    Damon Root - Supreme Court Pandering
    ReasonVids
    1661 views
    Thumbnail for Groundhog Day: 20182:28
    Groundhog Day: 2018
    ReasonVids2
    1568 views
    Thumbnail for Even the jews are the same...4:30
    Even the jews are the same...
    bestofvoatxyz
    990 views
    Thumbnail for Based0:40
    Based
    bestofupgoat
    555 views
    Thumbnail for Dating Profile Disasters | Grunt Speak Shorts20:00
    Dating Profile Disasters | Grunt Speak Shorts
    Terrence Popp
    1165 views

points

Permalink
Reply
ij
,
institute for justice
,
freedom
,
liberty
,
individual rights
,
constitution
,
constitutional law
,
unconstitutional law
,
con law
,
constitutional litigation
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle