scotus ruling - qualified immunity

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scotus ruling - qualified immunity

Post by Intrinsic »

Supreme Court ruling: 7 to 1 against qualified immunity. Didn't even bother to hear arguments, the petition alone. A small step to be sure. A sign of Hope from last June.

Oh yeah, and "Clarence Thomas is still a piece of trash".

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scotus ruling - qualified immunity

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https://www.scotusblog.com/2020/11/cour ... nity-case/" onclick="window.open(this.href);return false;
Supreme Court decision qualified immunity

AMY HOWE NOV 2, 2020 12:11 PM

In their orders on Monday, the justices struck down a ruling by the U.S. Court of Appeals for the 5th Circuit that had blocked a Texas inmate’s lawsuit against prison officials. The inmate, Trent Taylor, was forced to spend six days naked in cells that contained feces from previous occupants and overflowing sewage. Taylor alleged that prison officials’ conduct violated the Eighth Amendment’s ban on cruel and unusual punishment, but the 5th Circuit, invoking a doctrine known as qualified immunity, ruled that the officials could not be sued because it was not “clearly established” that their conduct violated Taylor’s constitutional rights. Taylor went to the Supreme Court in April, asking the justices to clarify what it means for a constitutional violation to be clearly established.

In a brief unsigned opinion on Monday, the Supreme Court invalidated the 5th Circuit’s decision, without calling for briefing on the merits or oral argument. The justices acknowledged that qualified immunity protects an official who makes a decision that, “even if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted.” But in this case, the justices emphasized, “no 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.” The court of appeals, the court noted, did not identify any emergency or other need for the prison officials to hold Taylor in these conditions, and the record in the case suggests that at least some of the officials were well aware of – but ignored – the conditions in the cells: One officer, putting him in a cell that was covered with feces, said to another officer that Taylor would “have a long weekend,” while a second officer, putting Taylor in a “frigidly cold” cell, expressed hope that Taylor would “f***ing freeze.” The justices sent the case back to the lower court to allow Taylor’s lawsuit to move forward.

Justice Clarence Thomas dissented from the court’s decision, although he did not file a separate opinion to explain his vote.

........

Supreme Court Begins To Dismantle Police Safety Net


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scotus ruling - qualified immunity

Post by Jesús Malverde »

Monetary caps on liability also need to be scrapped. Until then this is largely only a symbolic victory.
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scotus ruling - qualified immunity

Post by Jesús Malverde »

Intrinsic wrote: Justice Clarence Thomas dissented from the court’s decision, although he did not file a separate opinion to explain his vote.]
Thomas famously isn't mentally capable of authoring cogent legal opinion at the SC level. You can to a significant degree thank Joe Biden for Thomas sitting on the court. Check the history of the Anita Hill hearings using sources you trust if you doubt my characterisation.
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scotus ruling - qualified immunity

Post by bentech »

its even worse than that

HE, PREVENTED corroborating witnesses from appearing and, well you know...
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scotus ruling - qualified immunity

Post by bentech »

we got a real problem with a sizable percentage of the popoulous agreeing with inhumane conditions for whomevers below them in the caste
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scotus ruling - qualified immunity

Post by Intrinsic »

Biden on Jan. 26 will sign an order establishing a policing commission and reinstating Obama administration policies that regulate the transfer of military-style equipment to local police departments, a topic that gained renewed attention during racial injustice protests last summer.
Not enough. Fucking joke. It's the asshole racist cops not the equipment.
BLM

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