• [ 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:1521
@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
    Thumbnail for Gov't Says "Naaayyyy" to Horse Massage1:59
    Gov't Says "Naaayyyy" to Horse Massage
    IJvids
    1286 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    80 views
    Thumbnail for Hitting with dad just got a lot easier 🤣 (via @derekradley/IG) | ESPN0:10
    Hitting with dad just got a lot easier 🤣 (via @derekradley/IG) | ESPN
    Invidious7
    310 views
    Thumbnail for Hedge Your Bets, Honey | Grunt Speak Live3:34:10
    Hedge Your Bets, Honey | Grunt Speak Live
    Terrence Popp
    2052 views
    Thumbnail for I Got The Founder Of YouTube To Subscribe To My Channel | Max Fosh11:43
    I Got The Founder Of YouTube To Subscribe To My Channel | Max Fosh
    Invidious8
    81 views
    Thumbnail for The Dirty Pictures That Revolutionized Art1:18:03
    The Dirty Pictures That Revolutionized Art
    ReasonVids2
    1128 views
    Thumbnail for Putting Blacks 'at the Very Center' of American History9:18
    Putting Blacks 'at the Very Center' of American History
    AmericanRenaissance
    2424 views
    Thumbnail for When Racial Discrimination Is Legal7:54
    When Racial Discrimination Is Legal
    AmericanRenaissance
    2345 views
    Thumbnail for Fat raccoon0:37
    Fat raccoon
    AmericanMuskrat
    1117 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
    1544 views
    Thumbnail for Hello, would you like to hear my song0:32
    Hello, would you like to hear my song
    bestofvoatxyz
    1955 views
    Thumbnail for jew-boy Actually Performing Manual Labor0:08
    jew-boy Actually Performing Manual Labor
    AOUisgay
    705 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
    1478 views
    Thumbnail for Stop Rewarding Single Parenthood With Our Money | Grunt Speak 4:14
    Stop Rewarding Single Parenthood With Our Money | Grunt Speak
    Terrence Popp
    1908 views
    Thumbnail for White people don't season their food.0:16
    White people don't season their food.
    bestofupgoat
    386 views
    Thumbnail for Dying in games | Viva La Dirt League1:04
    Dying in games | Viva La Dirt League
    Invidious8
    78 views
    Thumbnail for A Decemberween Mackerel: 2010 Decemberween Special | ebyam936:43
    A Decemberween Mackerel: 2010 Decemberween Special | ebyam93
    Invidious8
    71 views
    Thumbnail for BREAKING! 5 NEW LAWSUITS?! Prosecutors Must Destroy 20 Pages Of Diddy's Jail Notes | The Pascal Show1:17:46
    BREAKING! 5 NEW LAWSUITS?! Prosecutors Must Destroy 20 Pages Of Diddy's Jail Notes | The Pascal Show
    Invidious8
    53 views
    Thumbnail for Why i am anti-diversity3:10
    Why i am anti-diversity
    bestofvoatxyz
    1622 views
    Thumbnail for R.I.P. YouTube | Grunt Speak Live2:22:16
    R.I.P. YouTube | Grunt Speak Live
    Terrence Popp
    1983 views
    Thumbnail for Wendy McElroy on The Art of Being Free4:17
    Wendy McElroy on The Art of Being Free
    ReasonVids3
    1288 views
    Thumbnail for Why the Lights Are Still Off in Puerto Rico4:51
    Why the Lights Are Still Off in Puerto Rico
    ReasonVids2
    1467 views
    Thumbnail for What We Saw at the Democratic Presidential Debate in Brooklyn3:12
    What We Saw at the Democratic Presidential Debate in Brooklyn
    ReasonVids
    1541 views
    Thumbnail for The Battle for Death Penalty Transparency5:46
    The Battle for Death Penalty Transparency
    ReasonVids
    1454 views
    Thumbnail for Too Much Copyright8:57
    Too Much Copyright
    ReasonVids3
    1489 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