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Submission + - Is it time to hold police officers accountable for constitutional violations? (

schwit1 writes: Recently the Supreme Court issued a summary opinion in the White v. Pauly case.A police officer was sued for killing a man during an armed standoff during which the officers allegedly never identified themselves as police. The Supreme Court, however, concluded that the officer had “qualified immunity.” That is, he was immune from a suit for damages, because his conduct — while possibly unconstitutional — was not obviously unconstitutional.

The doctrine of qualified immunity operates as an unwritten defense to civil rights lawsuits brought under 42 U.S.C. 1983. It prevents plaintiffs from recovering damages for violations of their constitutional rights unless the government official violated “clearly established law,” usually requiring a specific precedent on point. This article argues that the doctrine is unlawful and inconsistent with conventional principles of statutory interpretation.

Members of the Supreme Court have offered three different justifications for imposing such an unwritten defense on the text of Section 1983. One is that it derives from a common law “good faith” defense; another is that it compensates for an earlier putative mistake in broadening the statute; the third is that it provides “fair warning” to government officials, akin to the rule of lenity.

But on closer examination, each of these justifications falls apart, for a mix of historical, conceptual, and doctrinal reasons. There was no such defense; there was no such mistake; lenity ought not apply. And even if these things were otherwise, the doctrine of qualified immunity would not be the best response.

The unlawfulness of qualified immunity is of particular importance now. Despite the shoddy foundations, the Supreme Court has been reinforcing the doctrine of immunity in both formal and informal ways. In particular, the Court has given qualified immunity a privileged place on its agenda reserved for few other legal doctrines besides habeas deference. Rather than doubling down, the Court ought to be beating a retreat.

Government officials, especially those with the power that Law Enforcement officers have, should be held to a higher standard, not a lower one.

Comment severe government restrictions and censorship? (Score 0) 241

> In addition Cuban law bans using the Internet to
> spread information that is against what the
> government considers to be the social interest,

You mean "public health"?

> norms of good behavior,

You mean "public morals"?

> the integrity of the people

You mean "public order" (ordre public)?

> or national security."

WTF "National security"?

Wait I think I heard that befor...

International Covenant on Civil and Political Rights
PART III Article 12 Paragraph 3.
The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

Comment Non-digital suggestions? (Score 0) 527

"In this digital age what other avenues are there for preserving memories? Non-digital suggestions would be welcome, too" Make a transpart tube display case/ cryogenic storage vessal for her body and put her on display in your living room. I'm sure your kids won't forget her I promise. Ok seriusely you need to make her a regular part of their lives, othering wise your just makeing a scrapebook that will sit in the attic gathering dust.. arrange your "Mom memorys" into 30-60 secont commercals and have your MediaCenter insert them into the programs they are watching.

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For every complex problem, there is a solution that is simple, neat, and wrong. -- H. L. Mencken