• [ 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:1651
@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
    1342 views
    Thumbnail for Ken Burns and Lynn Novick: The Vietnam War Is the Key to Understanding America41:03
    Ken Burns and Lynn Novick: The Vietnam War Is the Key to Understanding America
    ReasonVids3
    1829 views
    Thumbnail for Lawsuit Challenges Arizona Engineering Licensing Law1:13
    Lawsuit Challenges Arizona Engineering Licensing Law
    IJvids
    1896 views
    Thumbnail for Former U.S. Comptroller General David Walker on The Federal Fiscal Crisis9:54
    Former U.S. Comptroller General David Walker on The Federal Fiscal Crisis
    ReasonVids
    1911 views
    Thumbnail for Rep. Thomas Massie: 'Republicans Want to Spend More Money Just as Much as Democrats Do.'32:41
    Rep. Thomas Massie: 'Republicans Want to Spend More Money Just as Much as Democrats Do.'
    ReasonVids
    1957 views
    Thumbnail for Gov't to makeup artists:  Put down the blush, or we'll shut you DOWN2:51
    Gov't to makeup artists: Put down the blush, or we'll shut you DOWN
    IJvids
    1257 views
    Thumbnail for What's the libertarian take on foreign policy?4:01
    What's the libertarian take on foreign policy?
    ReasonVids
    1731 views
    Thumbnail for College vs Trade School2:14
    College vs Trade School
    Gviduser
    2009 views
    Thumbnail for NewsNation Report: Three Men, Woman Seen On CCTV Placing IEDs in French Quarter Bins Prior To NOLA Vehicle Attack5:09
    NewsNation Report: Three Men, Woman Seen On CCTV Placing IEDs in French Quarter Bins Prior To NOLA Vehicle Attack
    bestofupgoat
    594 views
    Thumbnail for How City Hall is F*cking Record Store Day!3:47
    How City Hall is F*cking Record Store Day!
    ReasonVids
    1876 views
    Thumbnail for Hedge Your Bets, Honey | Grunt Speak Live3:34:10
    Hedge Your Bets, Honey | Grunt Speak Live
    Terrence Popp
    2331 views
    Thumbnail for ISLAM : BIBLE IS CORRUPTED | THE TRUMP CARD4:27
    ISLAM : BIBLE IS CORRUPTED | THE TRUMP CARD
    knockitoff
    2557 views
    Thumbnail for The Young Turks Election Meltdown 2016: From smug to utterly devastated.26:01
    The Young Turks Election Meltdown 2016: From smug to utterly devastated.
    AOU
    2742 views
    Thumbnail for Call It What It Is7:13
    Call It What It Is
    AmericanRenaissance
    2527 views
    Thumbnail for 4 Takeaways from Obama's Speech on Syria1:37
    4 Takeaways from Obama's Speech on Syria
    ReasonVids
    1850 views
    Thumbnail for How to improve learning0:33
    How to improve learning
    bestofpoal
    1564 views
    Thumbnail for Cheers to 20 Years of IJ’s Clinic on Entrepreneurship Helping Small Business Owners4:21
    Cheers to 20 Years of IJ’s Clinic on Entrepreneurship Helping Small Business Owners
    IJvids
    1959 views
    Thumbnail for TOOL - Parabol + Parabola10:07
    TOOL - Parabol + Parabola
    music.topic
    374 views
    Thumbnail for Bring Back The People: Reason Saves Cleveland With Drew Care10:05
    Bring Back The People: Reason Saves Cleveland With Drew Care
    ReasonVids
    1862 views
    Thumbnail for Repairing a wire brush #ireland #repair #restoration #clare #woodwork #fixed #blacksmith | Eoin Reardon0:56
    Repairing a wire brush #ireland #repair #restoration #clare #woodwork #fixed #blacksmith | Eoin Reardon
    Invidious9
    115 views
    Thumbnail for Oy vey! 0:40
    Oy vey!
    bestofupgoat
    478 views
    Thumbnail for Cheer up, wagie! Only 30 more years to go! 1:00
    Cheer up, wagie! Only 30 more years to go!
    bestofupgoat
    1008 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    443 views
    Thumbnail for Texas Veterinarian Renews Fight  to Give Professional Advice Online1:57
    Texas Veterinarian Renews Fight to Give Professional Advice Online
    IJvids
    1962 views
    Thumbnail for Media about White people in U.S.1:07
    Media about White people in U.S.
    AOU
    2323 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