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  1. #31
    Possesses Antidote for "Cool" Gman's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    I'm no lawyer but I don't think qualified immunity applies here. Qualified immunity does not protect an officer who violates a Constitutional or statutory right...which is what they'll allege. They'll say De'Von's Constitutional rights were violated.
    So you're saying we might get Constitutional Carry out of this?
    "Be not intimidated...nor suffer yourselves to be wheedled out of your liberties by any pretense of politeness, delicacy, or decency.
    These, as they are often used, are but three different names for hypocrisy, chicanery and cowardice."
    ― John Adams
    "Success is not final, failure is not fatal. It is the courage to continue that counts."
    Winston Churchill

  2. #32
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    ^^ You bet! I'd start holding my breath now if I were you.

    Stella - my best girl ever.
    11/04/1994 - 12/23/2010



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  3. #33
    Gong Shooter OxArt's Avatar
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    Except unlike a motion to dismiss, merely alleging an officer to have violated a constitutional right doesn't overcome qualified immunity. To get past qualified immunity, they have to overcome a "test" of the allegation, and they have to in essence, establish that the officer likely clearly violated a constitutional right or criminal law (of a more serious nature), while outside of the scope and performance of his regular duties as a law enforcement officer. Not putting forth all their evidence e.g. in a trial, but at least be able to point to receivable details, evidence and facts that make it seem likely they can overcome the immunity at trial.

    If the city attorneys are even 25% worth their salary, it won't go anywhere.

  4. #34
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    Well, I'd say they have enough evidence to at least get it to trial. A dead body, who prior to becoming dead had nothing in his hands, who prior to becoming dead was running away from police, and who didn't commit any violence against the officers himself. We both know all those claims are easily explained away but I'm guessing that'll be enough to get a 1983 action against the officers and the department into court.

    I guess we'll see.
    Stella - my best girl ever.
    11/04/1994 - 12/23/2010



    "America First!"
    This message brought to you by Donald Trump

  5. #35
    I'm the OPie of this thread Irving's Avatar
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    Quote Originally Posted by Mtneer View Post
    Donut didn't mention that Devon was running towards Adams Park where witnesses said children were playing.
    He probably didn't mention it because it doesn't matter.
    Minimize, minimize, minimize.

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