great article on police indeminification

[Ca Patriot]

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1811&context=ulj

why and how police have been able to get so out of control

 

[skidmark]

Well, yeah. Sort of what folks have been saying for a very long time - but did not have the ability to publish it in a law journal.

That being the case, and the fact that no movement forward has been attempted, pretty much tells you where NYC/NYPD (in the case of the specific article, and all other municipalities/PDs in general) stand on "seeing the light". Unions do have qite a bit of "power" over what is passed into legislation, but just like the NRA they are not omnipotent.

So, who takes the next step, and what would that step be? I have my opinions (just like I have for anything that comes up) but would like to read someone else's proposal lead the discussion.

stay safe.

 

[OC for ME]

<snip>

So, who takes the next step, and what would that step be? I have my opinions (just like I have for anything that comes up) but would like to read someone else's proposal lead the discussion.

stay safe.

Chicken......bock! bock!

OK, here goes:

1. Disband/outlaw public sector unions. No cop union, no cop union influence.
2. Hold judges accountable for their quackery (can them and five lashes before the mast is my choice, if their ruling is overturned on constitutional grounds.
3. DA/PA/CA or whatever attorneys who work for the "people" are called, must be placed in stocks in the town square for one week and kids under eight years old get to throw tomatoes at them, except after curfew on weekends/holidays (or while on summer break) and on school nights when school is in.
4. Every cop car must come equipped with a seasoned citizen to keep an eye on cops, unarmed of course, officer safety ya know. Cop/cop car must comport with the ADA, even if it means a little crane and platform to carry the seasoned citizen's hover-round chair.
5. Cops can only where their dress uniform. The cop gets his pay docked if it gets dirty. This will mitigate cops putting a beatdown on citizens even felonious citizens.
6. the term stop resisting must be classified as "fighting words."
7. Qualified immunity can only be invoked if the cop can prove that he can not read the English language there by sustaining his affirmative defense that he thought that is what the law was.

Losing interest, but I could go on.

OK, skid, your turn, or you could just agree that my ideas are the only logical choice.

 

[davidmcbeth]

In my state, gov't employees given qualified immunity .... if one gets past the immunity and gets a personal judgement THEN the government can cover them but does not have to ... it requires a vote for the town's selectman to approve such action. And these selectman are elected officials ~ something to consider when voting for a candidate.

 

[sudden valley gunner]

We really need to develop a cultural ostracism to bad officials and ones who enforce unconstitutional laws. The colonists did it.....well they went even further I do't advocate that....at this juncture.

 

[countryclubjoe]

The article is spot on and should only fuel your desire to also file a complaint against the government employee on an individual basis. There is no case law to suggest that a government employee (police person) cannot be sued in civil court after a citizen sues the police persons employer in Federal court.
USC 42 section 1983 is a sound legal remedy against the government employer, yes the tax payer will fit the tab for any civil or constitutional violations, its the price we pay for being a citizen of the USA we take the rotten with the fresh. Now lets move on to filing a civil complaint against the individual person.

They have a steady paycheck, most have a vehicle, some even have a home or property. Hence they have some assets that are available to lien and put judgments against. Force them to hire an attorney and respond to the civil complaint.

Sue for mental anguish,defamation of character,loss of income, etc, throw enough crap on the wall and some may stick.

Sue the employer first, then use the new found funds to sue on an individual level.

Take some time and research Federal Rules of Civil Procedure, research your state rules of civil procedure.
File your complaint with proper fees on proper court stationary etc.

People sue one another all the time for different reasons. The fact that a person works for the government should not and will not shield that person from a law suit. A properly framed complaint will get the courts attention and will need to be answered.

If your rights are violated make it PERSONAL. Hit the violator in his/her pockets. Make the violator a DEFENDANT.
Proceed accordingly.

My .02

Good luck and best regards.

CCJ