Post

are you fucking kidding me

once again, summary from @shortcircuitij.bsky.social link here: hub.ij.org/e3t/Ctc/5E+1...

hub.ij.org If you're not redirected in a few seconds, click here

I know nothing about appellate law, but that was an infuriating read. Very "we won't say if your rights were violated because you used the wrong magic words"

Cops here do this a lot, much more often than gets reported. news.sky.com/story/stripp... www.theguardian.com/uk-news/2015... Second link, damages because wealthy family: "When the woman replied: “Hampstead”, the officer radioed a colleague and was overheard saying: “I think we made a mistake..”

Woman strip-searched and left naked wins damages from Met policewww.theguardian.com Force pays out £37,000 in damages four years after woman forcibly strip-searched by five officers in a London police station

TIL that Houston allows “off-duty” law enforcement officers to wear their uniforms while working “private” security details at bars. If I were on the Fifth Circuit, that alone would be enough to get a Monell claim against the police force past summary judgment.

Seems like you just disqualified yourself from nomination by being too reasonable.

If anyone were ever to suggest nominating me for the bench, I would humbly decline on the basis of the firestorm that my old social media posts would set off. I made my peace with never being a judge long ago.

I consider myself permanently “relegated to academia” for the exact same reason. 😂

I’d love to be a judge, & I don’t think I’m being unreasonably arrogant in thinking I’d be good at it. But it ain’t gonna happen, & I’m not going to keep my mouth shut to preserve a possibility that doesn’t exist. Now, if I had a time machine & could go back to accept my HLS offer & join Fed Soc…

How about being on a tribunal instead? The one that will be formed soon after the revolution comes, and will last maybe six weeks. All you’ll have to do is point out which mindless jerks are to be the first against the wall.

Dallas too.

Every jurisdiction in Texas. Including DPS.

Also, fuck Stanley Broussard for downplaying and both-sidesing the rape. abc13.com/michael-jare...

I feel very confident that whatever jurisdiction this is, it has the concept of felony murder and similar “you were in the room” crimes that can be and often are charged against normal humans.

Your confidence is well-placed here. Texas law does provide for an expansive version of felony murder. TX Penal Code §§ 19.02(b)(3)-(4).

There we go. The usual rule of “bound but not protected, protected but not bound” is in play.

Thanks to qualified immunity will never going to be safe are we?

I can safely guess this same judge who protected this cop after he r***d the woman, has also spoken out and begged for laws against trans people under the guise of “protecting women”.

also attempted(??) sexual assault?

I like how the prior sexual assault against a child (!) is just taken as a matter of fact

In my town, which allows cops to join after just 3 years after excessive force causing an injury, child sexual abuse a hard disqualifying event...I'd expect Houston to be liable for employing someone in that position with that history.

Jesus Christ

So I went to fact check this—my god how many Houston police/sexual assault/ qualified immunity cases are there?

Well, one is too many. So...way too many?

How do people get these judges out?? Clearly the problem extends up.

(Clearly qualified immunity needs to end full stop)

QI is common law in most places, created by judges. The legislature can eliminate it. So ultimately the fault lies with the people who do not demand an end to police impunity, er, immunity.

That is to say, the same answer as usual; there's nothing special about qualified immunity protecting it from elected officials. But elected officials don't dare touch it because a lot of voters /like/ rogue, violent, unaccountable cops and will vote per the orders they're given by the cops.

Nice rant. But cops don't order people to vote one way. The majority of people see cops as the guarantors of order and on an avg day, for most of them, they are that. And that has value to most people. If you treat your opponent as a cartoon villain, you're not paying attention.

In NYC it’s been very clear the cops are a dangerous mob. When our last mayor criticized them, they harassed and stalked his teenage daughter until he backed off.

You’re adorable.

Interesting!! Thanks for the info!

I know how

it rhymes with hot fun :)

Doohickey time

This is so infuriating

It’s so sickening too

What the fuck what the fuck what the fuuuuck

You could put that on the Fifth Circuit's logo as its motto.

I presumed qualified immunity would only be like “killing someone while arresting” or during a car chase or something. Its also a get out of jail free card for premeditated crimes done when off duty? Have we considered switching the USA off and on again?

This paragraph goes from "oh no" to incandescent rage at the end.

What??!! Is qualified immunity a dam that cannot be allowed to break? Like once officers are actually held accountable for clear criminality (sigh… George Floyd) is that the end of it? Or is this just batshit 5th circuit stuff?

we need to nuke qualified immunity from orbit.

Twice, just to be sure

Looks like that panel needs to be roofied

this is a bad take.

Horrible. The prison rape is funny crowd.

ACAB, always and forever.