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| Oh stewardess, I speak jive.  |
This will be interesting, a push to require individual officers to carry Liability Insurance and be open to Civil Suits. CNN source (sorry)
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E tan e epi tas |
Meh policing and societal order are overrated anyway.  "Guns are tools. The only weapon ever created was man." | |||
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Great! Now that that's settled when will politicians be unprotected from civil lawsuits? | |||
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Member |
I'm no legal scholar but how can a city council override a judicial precedent established by the Supreme Court? | |||
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Wonder if they will pass the same for the city managers, councilmen, mayor, and assorted politicians? Jim | |||
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Member |
I wonder if any members of the NYC council have invested recently in insurance companies that cover that sort of liability insurance. ------------------------------------------------ "It's hard to imagine a more stupid or dangerous way of making decisions, than by putting those decisions in the hands of people who pay no price for being wrong." Thomas Sowell | |||
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| Oh stewardess, I speak jive. |
I'm no Compstitutional Skolar, either, but I don't think Qualified Immunity is borne from Warren v. District_of_Columbia (where No Duty To Protect comes from). | |||
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Member |
Who's gonna stop them? What consequence has there ever been for ignoring a SCOTUS decision (other than Brown vs. Board)? | |||
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| Oh stewardess, I speak jive. |
Right, now end it for Politicians as well. | |||
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Wait, what? |
Most LEO's already carry liability insurance; dropping QI will open up the floodgates for completely frivolous lawsuits for no illegal or excessive actions whatsoever with no expectation for agencies to protect officers simply doing their jobs. Look for turds and their lawyers to begin salivating for payoffs and a slew of retirements. “Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown | |||
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| Member |
My point is, the city council or city court shouldn't have any say in a lawsuit against an officer. New York probably works differently than KY but here a lawsuit either goes to the state or federal level for these situations. I don't see where the city council stopping qualified immunity will have any impact on lawsuits against officers. In my simple mind the court would still go by the established precendent and consider qualified immunity and not care of the city "banned" it. Again, I may be way off base here since I know very little about how New York courts operate. | |||
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| Little ray of sunshine  |
Not to mention federal law or state law. I didn't read the article, but the only laws the NYC council can repeal are its own, so I assume they abrogated some local rule. If you sue a cop under 1983, for example, all those immunities are still intact. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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Member |
It would seem that the less qualified immunity the police have will mean more of No Duty To Protect. Another problem, like Chicago, would be getting qualified people to take the job. Why would you want to expose yourself, your family and your future to this kind of peril? ************* MAGA | |||
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A bright young man I know just completed a 4 year degree in law enforcement and has done the local academy. He told me the other day he is going to Minnesota to build wind turbines. Pretty clear why he made his decision. End of Earth: 2 Miles Upper Peninsula: 4 Miles | |||
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safe & sound |
I see both sides, and agree with aspects of both. The government is an employer, and they employ people to do things the public requires. Doesn't matter what it is: Policing, fire fighting, road repairs, etc. As an employer, the government should bear the responsibility of reasonable actions by their employees and any resulting liability just like any other employer. However, there should be a point where a line is drawn, and the taxpayers should not be liable for egregious actions. Let's say a firefighter cuts a hole in a roof to ventilate a fire and for some reason the homeowner sues the fire department. The government who employs that firefighter should vigorously defend that action. But what if the firefighter torches a property to give him the opportunity to fight a fire. Why should the government be responsible? As a tax payer, why is that now my burden? As always, I suspect the real solution lies somewhere in between the two extremes. | |||
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| Green grass and high tides  |
Chuck, that is exactly the point. Kind of like teachers. Lock everyone down. Hire the minorities to the positions. No real work for them to do. If something does happen. Don't send them out. Pay them, give good gov. benefits. Get full support from the union, new rank and file, leadership. There is nothing for them to be liable for. It is the new way. Works for them. It is so obvious. The plan. "Practice like you want to play in the game" | |||
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agree -------------------------- Proverbs 27:17 - As iron sharpens iron, so one man sharpens another. | |||
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Hopefully this gets challenged and overturned in the courts and/or, judges start dismissing them as frivolous and those lawyers pursuing these get court mandated discipline. | |||
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I would love to see that. Years ago, Tucson City Council tried to float an anti gun bill that went against state gun rights legislation. Council got a nastygram from State AG warning them to drop the issue. Tucson pushed the anti gun bill into a court battle and lost and was ordered to pay court cost for both sides, around a million dollars. Of course, taxpayers had to came up with the monies. ********* "Some people are alive today because it's against the law to kill them". | |||
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| Wait, what? |
I'll go one better; officers fight fire with fire with aggressive counter-suits when it's a clear case of false accusations. “Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown | |||
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