OUT OF MIND
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Latest topics
» Bomb Cyclone infused with the Violet Flame of Creation
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 7:11 pm by Consciousness Of Economic

» Nevada Unemployment has Embezzled Benefits from the Third Stimulus: Which made me Homeless since MAY.
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 7:08 pm by Consciousness Of Economic

» Oldest known drawing of a ghost discovered
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 2:26 pm by PurpleSkyz

» The US delays approval of Moderna vaccine for teenagers
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 2:19 pm by PurpleSkyz

» Dissolving Illusions About the Role of Vaccines in Protecting Us From Disease
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 2:17 pm by PurpleSkyz

» Whistleblower Physician Assistant: NY Hospital Admissions Were 90% Vaccinated, Not Being Reported to VAERS
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 2:14 pm by PurpleSkyz

» CDC/VAERS Stats - thru 10-15-21 plus more
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 11:07 am by PurpleSkyz

» Powerful storm wreaks havoc across Europe, leaves over 500 000 homes without power and at least 4 fatalities
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 10:33 am by PurpleSkyz

» ‘Like watching a horror thriller’: Moving tentacled object, metallic fragments found in COVID jabs
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 10:03 am by PurpleSkyz

» Sweden Suspends Moderna Shot Indefinitely After Vaxxed Patients Develop Crippling Heart Condition
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyToday at 9:55 am by PurpleSkyz

» SHORT VIDEO FOR OUT OF MIND AND RUMBLE
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 6:03 pm by Sway

» Red Cross is warning all Americans that Covid-vaccinated humans are INELIGIBLE for donating plasma
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 1:10 pm by Megatron

» New screenplay tells story of West Lothian UFO incident
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 11:01 am by PurpleSkyz

» Southwest Airlines backs down from vaccine mandate after massive protests
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 10:48 am by PurpleSkyz

» Vaccinated Pilot Dies in Flight. Emergency Landing and Uproar in the Aviation Industry
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 10:45 am by PurpleSkyz

» GREAT RESET: 1% of Americans Now Own More Wealth Than the Entire Middle Class
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 10:39 am by PurpleSkyz

» Our Epic Supply Chain Crisis Just Hit Another Level, And Biden Is Considering Calling In The National Guard To Help
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 10:35 am by PurpleSkyz

» The Fall, a story
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 10:19 am by PurpleSkyz

» FULL (OF IT) Benjamin bla bla blah Fulford - 10-18-21… “Asian elders reject Khazarian mafia $150 trillion survival boondoggle”
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 10:13 am by PurpleSkyz

» DHS Begins Releasing Gas on NYC Citizens at 120 Locations in ‘Biological Attack Simulation’
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 12:57 am by PurpleSkyz

» PHOTOS: 66 Cargo Ships Hover Near L.A., Long Beach Ports; UPDATE: 100 Ships
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 12:47 am by PurpleSkyz

» Dr. Zach Bush Tells RFK, Jr.: ‘By Deleting the Alphabet of Human Biology, We Ended Up With a Chronic Disease Epidemic on a Grand Scale’
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 12:43 am by PurpleSkyz

» Disconcerting: Empty Store Shelves Stocked With Lawn Chairs to Hide Supply Chain Crisis
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 12:35 am by PurpleSkyz

» Data Proves Covid-19 Deaths Rose Rapidly AFTER Vax roll-out in 40+ Countries
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 12:28 am by PurpleSkyz

» Quantum Mechanics De-Mystified
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 12:24 am by PurpleSkyz

» COVID Jabbing Young Children is ‘Politics, Not Science’
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyYesterday at 12:20 am by PurpleSkyz

» Brandon Goodwin to keep his MOUTH SHUT about blood clots from Covid-19 vaccine that ended his season
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyThu Oct 21, 2021 11:19 am by PurpleSkyz

» Washington State Patrol Terminates 127 Employees Over Vaccine Mandate
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyThu Oct 21, 2021 11:08 am by PurpleSkyz

» More Than 180 San Francisco City Officials, Including Police And Sheriff Employees, Placed On Leave For Not Being Vaccinated
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit EmptyThu Oct 21, 2021 11:04 am by PurpleSkyz





Holistic Alternative
Health Care
by Bridgette Lyn Dolgoff

CONTACT HERE TO SCHEDULE ONLINE SESSIONS
www.https://coe-llc.com

NEW ETSY SHOP FEATURING HERBAL SALVES

NOW MAKING A MEDICATED OIL FOR PEOPLE WHO HAVE PCR DAMAGE
www.https://coe-llc.com








You are not connected. Please login or register

OUT OF MIND » THE INSANITY OF REALITY » GOVERNMENT & THE NEW WORLD ORDER » Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit

Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit

Go down  Message [Page 1 of 1]

PurpleSkyz

PurpleSkyz
Admin
Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit Flag

Supreme Court Rolls Back Another Horrible Qualified Immunity Decision By The Fifth Circuit
Published: February 25, 2021



The Supreme Court has done a lot over the years to shield law enforcement officers from accountability. It has redefined the contours of the qualified immunity defense to make it all but impossible for plaintiffs to succeed. Appeals Courts have been hamstrung by Supreme Court precedent, forced to pretty much ignore the egregious rights violations in front of them in favor of dusting off old decisions to see if any officer violated someone’s rights in exactly this way prior to this case.
Since law enforcement officers are apparently unable to exercise judgment on their own, the courts often grant forgiveness to these poor single-cell organisms who couldn’t have possibly known that, say, locking a prisoner in a feces-covered cell for days violated the prisoner’s rights. And that’s the conclusion the Fifth Circuit Appeals Court reached December 2019 in Taylor v. Riojas.
The Fifth Circuit is the worst circuit to bring a federal civil rights violation case. And it’s still as awful as ever, even with Judge Don Willett -- who published a scathing dissent in another qualified immunity case -- sitting on the bench.
The only good news is that the Supreme Court may be slowly realizing its expansion of the qualified immunity defense is encouraging courts to give law enforcement officers a pass even when it’s painfully clear rights have been violated. Almost a year after the Fifth Circuit ruled in favor of prison guards, the Supreme Court reversed this decision. There may have been no case exactly on point, but for the Supreme Court that’s not a necessity when there’s a clear rights violation.
[N]o reasonable correctional officer could have concluded that, under the extreme circumstances of this case, it was constitutionally permissible to house Taylor in such deplorably unsanitary conditions for such an extended period of time.
This ruling was part of the Supreme Court’s docket dispensation. No full opinion was issued. But it sent a message to the Fifth Circuit. And that message has been reinforced with another remand to the Fifth Circuit -- again for granting qualified immunity when it shouldn’t have. (h/t Athul Acharya)
McCOY, PRINCE V. ALAMU, TAJUDEEN
The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Taylor v. Riojas, 592 U. S. ___ (2020) (per curiam).
The Fifth Circuit handled Prince v. Alamu back in February of last year. Badly. It somehow managed to find that deliberately pepper spraying a prisoner in the eyes in retaliation for the actions of another prisoner was subject to qualified immunity.
Above, we held that the spraying crossed that line. But it was not beyond debate that it did, so the law wasn’t clearly established. This was an isolated, single use of pepper spray.
And that was enough to give the guard a free pass. As the dissenting opinion noted, the only reason qualified immunity wasn’t stripped was because the guard didn’t use his fist, a baton, or a Taser. That this involved pepper spray was the only thing separating it from being "clearly established."
The Supreme Court is to blame here. It has repeatedly rejected QI cases, telling lower courts they’re supposed to read "clearly established" precedent narrowly, rather than find that similar cases (ones not exactly on point) gave government employees enough warning this new and novel violation of rights would be a violation of rights. With this reversal, the Supreme Court is reversing its own instructions. Hopefully this will continue. With enough reversals, qualified immunity will no longer be the accountability copout it has become.

https://www.blacklistednews.com/article/79363/supreme-court-rolls-back-another-horrible-qualified-immunity-decision-by-the-fifth.html

Thanks to: https://www.blacklistednews.com



  

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum