• [ 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:1406
@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
    1234 views
    Thumbnail for A woman drags her victim by her hair and punches her in the face over an argument over locker space on a flight from Turkey to Tunisia.0:27
    A woman drags her victim by her hair and punches her in the face over an argument over locker space on a flight from Turkey to Tunisia.
    bestofupgoat
    701 views
    Thumbnail for (1918) WWI veterans: shell shock sequels, war neurosis.4:23
    (1918) WWI veterans: shell shock sequels, war neurosis.
    bestofpoal
    1188 views
    Thumbnail for Stolen computer gets stolen, and stolen, and stolen...1:05
    Stolen computer gets stolen, and stolen, and stolen...
    allAheadFull
    822 views
    Thumbnail for What We Saw at the Mortgage Bailout Demonstration6:04
    What We Saw at the Mortgage Bailout Demonstration
    ReasonVids
    1351 views
    Thumbnail for The Secret Scam of Streetcars5:05
    The Secret Scam of Streetcars
    ReasonVids3
    1351 views
    Thumbnail for Should the U.S. Unilaterally Abolish All Tariffs And Duties? A Debate on Free Trade.1:23:15
    Should the U.S. Unilaterally Abolish All Tariffs And Duties? A Debate on Free Trade.
    ReasonVids2
    1152 views
    Thumbnail for That's heaven, bitch!1:11
    That's heaven, bitch!
    bestofupgoat
    243 views
    Thumbnail for California Says Coffee Needs Cancer Warning Labels6:35
    California Says Coffee Needs Cancer Warning Labels
    ReasonVids3
    1451 views
    Thumbnail for Police Posing as Punks Bust Rockers: Don't Cops Have Better Things to Do?!1:54
    Police Posing as Punks Bust Rockers: Don't Cops Have Better Things to Do?!
    ReasonVids
    1460 views
    Thumbnail for Death on the Hudson | Full Episode43:18
    Death on the Hudson | Full Episode
    invidious1
    461 views
    Thumbnail for Australian Cat0:14
    Australian Cat
    voatcatbox
    751 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
    1467 views
    Thumbnail for Typical Air India Flight0:46
    Typical Air India Flight
    x0x7
    11134 views
    Thumbnail for How Americans in 10 states voted on abortion access | Washington Post Universe0:50
    How Americans in 10 states voted on abortion access | Washington Post Universe
    invidious1
    811 views
    Thumbnail for Professional Counselor Stands up to DC for the Right to Talk to Clients Online2:50
    Professional Counselor Stands up to DC for the Right to Talk to Clients Online
    IJvids
    1381 views
    Thumbnail for This man was banned from being a counselor.  He's fighting back.3:32
    This man was banned from being a counselor. He's fighting back.
    IJvids
    1340 views
    Thumbnail for Busybodies, Babes, and Bacon! Presenting Reason.tv's 2010 Nanny of the Year1:54
    Busybodies, Babes, and Bacon! Presenting Reason.tv's 2010 Nanny of the Year
    ReasonVids3
    1143 views
    Thumbnail for Drew Drechsel Tackles the National Finals Stage 3 | American Ninja Warrior4:02
    Drew Drechsel Tackles the National Finals Stage 3 | American Ninja Warrior
    Invidious8
    35 views
    Thumbnail for Firefly Episode 2 - Bushwhacked43:54
    Firefly Episode 2 - Bushwhacked
    Firefly.tv
    270 views
    Thumbnail for The World's Clingiest Cat #cat #shorts #animation | Shiken Toons0:41
    The World's Clingiest Cat #cat #shorts #animation | Shiken Toons
    Invidious6
    620 views
    Thumbnail for A Cat Can Fit in Your Hole… Allegedly | Grunt Speak Shorts3:05
    A Cat Can Fit in Your Hole… Allegedly | Grunt Speak Shorts
    Terrence Popp
    1324 views
    Thumbnail for Is It 'Morally Disturbing' When Charter Schools Skim Highly Motivated Families?25:07
    Is It 'Morally Disturbing' When Charter Schools Skim Highly Motivated Families?
    ReasonVids3
    1394 views
    Thumbnail for Americans Want to Cut Spending: Q&A with Emily Ekins on new Reason Rupe Public Opinion Survey7:19
    Americans Want to Cut Spending: Q&A with Emily Ekins on new Reason Rupe Public Opinion Survey
    ReasonVids3
    1407 views
    Thumbnail for The Future of Financing the Arts: An Interview with Adam Huttler of Fractured Atlas4:59
    The Future of Financing the Arts: An Interview with Adam Huttler of Fractured Atlas
    ReasonVids
    1434 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