• [ 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:1669
@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
    1350 views
    Thumbnail for Tolls, Not Taxes: How Americans Want to Fix Traffic Jams10:05
    Tolls, Not Taxes: How Americans Want to Fix Traffic Jams
    ReasonVids3
    1685 views
    Thumbnail for When Racial Discrimination Is Legal7:54
    When Racial Discrimination Is Legal
    AmericanRenaissance
    2664 views
    Thumbnail for As an American, two words: The 'Glockinator'0:17
    As an American, two words: The 'Glockinator'
    Gviduser
    2282 views
    Thumbnail for Woman freaks out at the airport (NSFW)2:33
    Woman freaks out at the airport (NSFW)
    AmericanMuskrat
    2014 views
    Thumbnail for I'm Already Live! | 4 Player Chess with @BotezLive  @GothamChess and @akaNemsko | GMHikaru50:58
    I'm Already Live! | 4 Player Chess with @BotezLive @GothamChess and @akaNemsko | GMHikaru
    invidious1
    559 views
    Thumbnail for How Payday Lenders & Check Cashers Help the Poor13:11
    How Payday Lenders & Check Cashers Help the Poor
    ReasonVids
    1583 views
    Thumbnail for Gov. Scott Walker Welcomes National School Choice Week to Wisconsin2:18
    Gov. Scott Walker Welcomes National School Choice Week to Wisconsin
    ReasonVids
    1997 views
    Thumbnail for Battling Nancy Pelosi: Candidate John Dennis on Why Libertarianism is the GOP's Only Hope5:33
    Battling Nancy Pelosi: Candidate John Dennis on Why Libertarianism is the GOP's Only Hope
    ReasonVids2
    2007 views
    Thumbnail for Uvalde - Same victim, two networks, different fathers, two different first names1:35
    Uvalde - Same victim, two networks, different fathers, two different first names
    AOUisgay
    2096 views
    Thumbnail for Zoning Will Make this Elderly Woman Homeless4:02
    Zoning Will Make this Elderly Woman Homeless
    IJvids
    1730 views
    Thumbnail for YLS3 | I like to watch your body move0:47
    YLS3 | I like to watch your body move
    MerkinMuffly
    14979 views
    Thumbnail for What is DataStax Enterprise 5.0? (Database Built on Apache Cassandra™)5:25
    What is DataStax Enterprise 5.0? (Database Built on Apache Cassandra™)
    datastax.topic
    1823 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    487 views
    Thumbnail for Doom - E3M3: Pandemonium (Nightmare! 100% Secrets + Items) | decino4:51
    Doom - E3M3: Pandemonium (Nightmare! 100% Secrets + Items) | decino
    Invidious8
    153 views
    Thumbnail for Westphal v. Northcutt Press Conference10:21
    Westphal v. Northcutt Press Conference
    IJvids
    2033 views
    Thumbnail for Steve Bannon vs. the Tea Party Libertarians [podcast]58:54
    Steve Bannon vs. the Tea Party Libertarians [podcast]
    ReasonVids
    1775 views
    Thumbnail for [WR] Parkour Spiral 3 Speedrun in 18:42 | Zorty19:01
    [WR] Parkour Spiral 3 Speedrun in 18:42 | Zorty
    invidious1
    1254 views
    Thumbnail for Mormons for...Ron Paul?!2:00
    Mormons for...Ron Paul?!
    ReasonVids2
    1690 views
    Thumbnail for My first 2D game using OpenGL + Glut | OneGoldenCat3:10
    My first 2D game using OpenGL + Glut | OneGoldenCat
    Invidious8
    147 views
    Thumbnail for What DeSantis Did to Disney’s Dream City19:17
    What DeSantis Did to Disney’s Dream City
    ReasonVids
    1864 views
    Thumbnail for How the Conservative Supreme Court Is Changing America1:55:02
    How the Conservative Supreme Court Is Changing America
    ReasonVids3
    1410 views
    Thumbnail for 4 Takeaways from Obama's Speech on Syria1:37
    4 Takeaways from Obama's Speech on Syria
    ReasonVids
    1889 views
    Thumbnail for Stossel: Is 2018 The Year of the Libertarian Party?4:56
    Stossel: Is 2018 The Year of the Libertarian Party?
    ReasonVids3
    1338 views
    Thumbnail for 【迷央十丁目】異常があったら左折、なかったら右折!真夜中に迷央町をGUESS!【ホロライブ / AZKi】 | AZKi Channel2:04:56
    【迷央十丁目】異常があったら左折、なかったら右折!真夜中に迷央町をGUESS!【ホロライブ / AZKi】 | AZKi Channel
    Invidious8
    566 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