• [ 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:1198
@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
    1108 views
    Thumbnail for How Mexico Can Pay for the Wall5:35
    How Mexico Can Pay for the Wall
    AmericanRenaissance
    2164 views
    Thumbnail for Poems About Animals5:05
    Poems About Animals
    birdpoem
    1399 views
    Thumbnail for Hoes Mad | Grunt Speak Shorts16:22
    Hoes Mad | Grunt Speak Shorts
    Terrence Popp
    887 views
    Thumbnail for The Gameshow Where If You’re Wrong, You Can Win 72 Virgins.0:59
    The Gameshow Where If You’re Wrong, You Can Win 72 Virgins.
    bestofupgoat
    335 views
    Thumbnail for Always amaze the lesser races0:09
    Always amaze the lesser races
    bestofupgoat
    654 views
    Thumbnail for Take no chances 0:40
    Take no chances
    bestofupgoat
    185 views
    Thumbnail for Rand Paul Confronts Biden's Transgender Health Nominee About "Genital Mutilation"5:37
    Rand Paul Confronts Biden's Transgender Health Nominee About "Genital Mutilation"
    bestofanarchocapitalism
    1749 views
    Thumbnail for Black People, I’m Calling Your Bluff12:57
    Black People, I’m Calling Your Bluff
    AmericanRenaissance
    1875 views
    Thumbnail for A Man We Can Admire10:40
    A Man We Can Admire
    AmericanRenaissance
    1880 views
    Thumbnail for Billions of dollars flowing into Ukraine. Ukranian officer reveals just how much military aid is actually going to the military.  Zero.1:14
    Billions of dollars flowing into Ukraine. Ukranian officer reveals just how much military aid is actually going to the military. Zero.
    bestofvoatxyz
    1146 views
    Thumbnail for Clerics are not having a great time in Iran recently1:00
    Clerics are not having a great time in Iran recently
    publicfreakouts
    697 views
    Thumbnail for This Machine Kills Hippies2:52
    This Machine Kills Hippies
    murdochmurdoch
    1615 views
    Thumbnail for They're Putting it Directly Into Our Heads0:49
    They're Putting it Directly Into Our Heads
    bestofupgoat
    729 views
    Thumbnail for Based Swedish man tired of welfare leech niggers is not having it anymore.1:09
    Based Swedish man tired of welfare leech niggers is not having it anymore.
    AOU
    6491 views
    Thumbnail for Shameless Promotion for the NPI 2016 Fall Conference6:19
    Shameless Promotion for the NPI 2016 Fall Conference
    murdochmurdoch
    1606 views
    Thumbnail for Mark Zuckerberg is not human0:25
    Mark Zuckerberg is not human
    bestofsaidit
    1715 views
    Thumbnail for Fentanyl Floyd’s Crackwhore Girlfriend After The Verdict Was Announced..0:22
    Fentanyl Floyd’s Crackwhore Girlfriend After The Verdict Was Announced..
    AOU
    1702 views
    Thumbnail for Senegalese Space Race original content1:22
    Senegalese Space Race original content
    bestofupgoat
    364 views
    Thumbnail for Clown scooter0:35
    Clown scooter
    bestofvoatxyz
    1914 views
    Thumbnail for Undercover video shows execs from PornHub detailing their plans to groom our kids and turn straight men gay7:39
    Undercover video shows execs from PornHub detailing their plans to groom our kids and turn straight men gay
    AOUisgay
    569 views
    Thumbnail for Sheniqua absolutely SEETHING she has no white man to go home to 1:30
    Sheniqua absolutely SEETHING she has no white man to go home to
    bestofupgoat
    583 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