• [ 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:1282
@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
    1156 views
    Thumbnail for Beijing Biden's Big Red Army of Soy | Ride and Roast42:45
    Beijing Biden's Big Red Army of Soy | Ride and Roast
    Terrence Popp
    1847 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
    1268 views
    Thumbnail for Bidet Toilet Seat Installation for Beginners | Home Repair Tutor3:45
    Bidet Toilet Seat Installation for Beginners | Home Repair Tutor
    invidious1
    598 views
    Thumbnail for Back to the Faggot4:21
    Back to the Faggot
    murdochmurdoch
    1730 views
    Thumbnail for Welcome to the United Kaliphate - Import the third world, become one.0:17
    Welcome to the United Kaliphate - Import the third world, become one.
    AOU
    1714 views
    Thumbnail for She Filed for Divorce When I Canceled the Credit Cards | Grunt Speak24:50
    She Filed for Divorce When I Canceled the Credit Cards | Grunt Speak
    Terrence Popp
    1109 views
    Thumbnail for What If Black Lives Really Mattered?13:21
    What If Black Lives Really Mattered?
    AmericanRenaissance
    1866 views
    Thumbnail for There's only one thing to stop us from looting - gimme dem reparashuns ...0:24
    There's only one thing to stop us from looting - gimme dem reparashuns ...
    bestofvoatxyz
    773 views
    Thumbnail for Pharmacist Admits His Feelings After Being Reminded That Moderna Vaccine Information Inserts Are Blank5:15
    Pharmacist Admits His Feelings After Being Reminded That Moderna Vaccine Information Inserts Are Blank
    SingularityJett
    1306 views
    Thumbnail for School board Gestapo meets their match1:30
    School board Gestapo meets their match
    bestofvoatxyz
    1182 views
    Thumbnail for IJ Client Zaher El-Ali Challenges Texas' Seizure of His Chevy Silverado - Ali Committed No Crime2:41
    IJ Client Zaher El-Ali Challenges Texas' Seizure of His Chevy Silverado - Ali Committed No Crime
    IJvids
    1338 views
    Thumbnail for The Last of Us Season 2 | The Last of Us Day Official Teaser | Max2:07
    The Last of Us Season 2 | The Last of Us Day Official Teaser | Max
    invidious1
    404 views
    Thumbnail for A Mystery in Which Everyone is Guilty - Johan Norberg on "Financial Fiasco"9:40
    A Mystery in Which Everyone is Guilty - Johan Norberg on "Financial Fiasco"
    ReasonVids2
    1220 views
    Thumbnail for Just Walk Away From Entitled People | Grunt Speak23:05
    Just Walk Away From Entitled People | Grunt Speak
    Terrence Popp
    717 views
    Thumbnail for TOOL - Prison Sex4:53
    TOOL - Prison Sex
    music.topic
    271 views
    Thumbnail for The Chinese Mockingbird | 反舌鸟0:45
    The Chinese Mockingbird | 反舌鸟
    bestofvoatxyz
    1266 views
    Thumbnail for Crowd -The Red Door - s1e423:34
    Crowd -The Red Door - s1e4
    ITCrowd.topic
    467 views
    Thumbnail for The Secret Scam of Streetcars5:05
    The Secret Scam of Streetcars
    ReasonVids3
    1166 views
    Thumbnail for Anger is Building8:41
    Anger is Building
    AOU
    3272 views
    Thumbnail for Culture Jamming with Extinction Rebellion - #PropagandaWatch12:40
    Culture Jamming with Extinction Rebellion - #PropagandaWatch
    corbettreport_uo
    2363 views
    Thumbnail for It'll happen to you!0:31
    It'll happen to you!
    rvnender
    1625 views
    Thumbnail for Las Vegas shooting 2017; John Cullen interviews an eyewitness who saw a police helicopter over the Luxor shooting up Route91. "Why would the police shoot my friend in the neck."1:00
    Las Vegas shooting 2017; John Cullen interviews an eyewitness who saw a police helicopter over the Luxor shooting up Route91. "Why would the police shoot my friend in the neck."
    bestofupgoat
    324 views
    Thumbnail for Can Computers Replace Teachers?: Reason's Katherine Mangu-Ward21:38
    Can Computers Replace Teachers?: Reason's Katherine Mangu-Ward
    ReasonVids
    1179 views
    Thumbnail for Rockstar doesn’t even hide it anymore | Watermelon770:14
    Rockstar doesn’t even hide it anymore | Watermelon77
    invidious1
    401 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