When Defending Cops Becomes Impossible

[Murph]

Prosecutors and judges have ABSOLUTE immunity.  They can do anything they want and cannot suffer the consequences of being sued.  Let that sink in, ABSOLUTE immunity.  Not qualified, but ABSOLUTE.

[rmgill]

58 minutes ago, Murph said:

Prosecutors and judges have ABSOLUTE immunity.  They can do anything they want and cannot suffer the consequences of being sued.  Let that sink in, ABSOLUTE immunity.  Not qualified, but ABSOLUTE.

I've seen it termed unqualified immunity. Which as a legal term, implicates that there are NO qualifiers for the immunity. It is absolute. Whereas with police, there are qualifiers for the immunity, it is NOT absolute. 


There's an interesting case, also out of rural Georgia, Albany to be specific. It involves the DA for Dougherty county going after a man and essentially having his investigator fabricate claims of illegal acts on the part of a man who was critical of Pheobe Putney hospital in a very gadflyish mode. The case went to the supreme court. 

The result:
From Oyez.... https://www.oyez.org/cases/2011/10-788

Question

Are government officials who initiate prosecutions by providing false testimony in judicial proceedings absolutely immune from civil suit?

Yes. In a unanimous decision written by Justice Samuel Alito, the Court held that a witness in a grand jury proceeding is entitled to the same absolute immunity from a § 1983 action as a witness who testifies at trial. Justice Alito looked to the Court's treatment of immunity in § 1983 suits. He determined that the Court has consistently interpreted § 1983 in the light of common law principles, using those principles to identify the government functions considered so important and vulnerable to interference by litigation that they require some form of absolute immunity. Justice Alito noted that witnesses at trial historically enjoy immunity by this reasoning.

Let me be clear on this. An investigator, working for a DA can lie under oath, assist the DA in getting an indictment, in this case three separate indictments, and noone is culpable under § 1983. 

This was in 2011. I dislike this ruling terribly, but I don't think we need to disband or heavily modify the Supreme Court. 

Edited July 30 by rmgill

[Ivanhoe]

https://www.dailymail.co.uk/news/article-13690223/denver-trainee-police-officer-legs-amputated-hazing-rituals-lawsuit-victor-moses.html
 

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A former police recruit claims a 'barbaric hazing ritual' during 'fight day' combat training led to both his legs being amputated.

Victor Moses, 29, is suing the City of Denver and 13 police officers and paramedics who allegedly forced him to continue and ignored warning signs.

The eager recruit claimed he was knocked to the ground during the needlessly violent training, hitting his head on a tile floor and blacking out.

Despite this, he was forced to continue or be struck from the academy, and collapsed several more times and lost consciousness.

Moses was pressured to continue, with officers picking him up and setting him back on his feet, before paramedics standing by were asked to check him out, the lawsuit claimed. 

 

Here's the thing;
 

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Moses checked on a medical form that he had the sickle cell trait, adding 'both my parents & I have the trait but never had any problems'.

The condition puts him at an increased risk of medical complications from high-intensity exercise, including rhabdomyolysis, which causes muscles to break down.

Moses endured four agonizing months in hospital where the surgeons had to repeatedly cut away chunks of his flesh in futile attempts to save his legs.

He dictated in heartbreaking detail the incredible pain he suffered, the nightmares and flashbacks he still has, and his frequent thoughts of suicide.

 

I understand the craving people's republics like Denver have for possible POC recruits (virtue signaling, don't ya know). However, if folks with the sickle cell trait are vulnerable to rhabdo, they have no business in emergency services.
 

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The lawsuit claimed paramedics cleared Moses to continue the training, even though he was not able to stand or walk to the next round. 

Instead, a trainer brought the ground fighting drill to Moses and got on top of him, after which he was supposed to fight his way out of the hold for two minutes.

Instead, Moses soon said he could not breathe, became 'limp' and unresponsive, and was taken to the hospital, according to the lawsuit.

 

Bolding mine.
 

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He 'excelled' through his first three months of academy training, including strenuous gym workouts, and informed the department of his condition.

The ambulance report even noted 'Pt reported that he had sickle cell trait but not sickle cell'.

 

In a rational world, there would be felonies charges all around, but since Denver is now deep blue country, the city will tell all lies needed to avoid civil jeopardy.

[Tim Sielbeck]

3 hours ago, Murph said:

Prosecutors and judges have ABSOLUTE immunity.  They can do anything they want and cannot suffer the consequences of being sued.  Let that sink in, ABSOLUTE immunity.  Not qualified, but ABSOLUTE.

Not quite.  There is a W Va. judge that recently lost her AI because she wasn’t acting properly.  And didn’t an Austin prosecutor get sued for withholding evidence within the last two decades?

[rmgill]

1 hour ago, Tim Sielbeck said:

Not quite.  There is a W Va. judge that recently lost her AI because she wasn’t acting properly.  And didn’t an Austin prosecutor get sued for withholding evidence within the last two decades?

In that case she was acting way outside of her authority as a judge and visiting the home of the contested estate and making direct, involved dictates. Had she done it froM the bench she’d have been fine.

 

The civil Rights Lawyer covered this last year or so. I saw the video of the judge AT the home making a house call and directing the deputies. 

[JWB]

 

[Murph]

Ah, a local police officer in MEXICO, not the US.  Good.  

[Murph]

On 7/30/2024 at 8:34 PM, Tim Sielbeck said:

Not quite.  There is a W Va. judge that recently lost her AI because she wasn’t acting properly.  And didn’t an Austin prosecutor get sued for withholding evidence within the last two decades?

It can happen if it is so bad even the judges groups have to take notice.  Or open and blatant criminal activity.  They can be prosecuted, but I don't think you can sue them until after they are convicted.  I could be wrong.

[Rick]

If this goes to a trial and the police chief is found guilty, then life imprisonment. 

https://www.foxnews.com/us/kansas-raid-tied-98-year-olds-death-first-amendment-showdown-result-criminal-charges

[Mr King]

On 7/30/2024 at 7:00 PM, Ivanhoe said:

https://www.dailymail.co.uk/news/article-13690223/denver-trainee-police-officer-legs-amputated-hazing-rituals-lawsuit-victor-moses.html
 

Here's the thing;
 

I understand the craving people's republics like Denver have for possible POC recruits (virtue signaling, don't ya know). However, if folks with the sickle cell trait are vulnerable to rhabdo, they have no business in emergency services.
 

Bolding mine.
 

In a rational world, there would be felonies charges all around, but since Denver is now deep blue country, the city will tell all lies needed to avoid civil jeopardy.

During training like this, I and the rest of my class watched the first guy out get his leg broken by two over aggressive instructors. Just snapped it. We were basically at the last week or two of training. I think the guy ended up graduating, but its been almost 20 years so my memory is fuzzy. The head of the school and the trainee's department were not happy. I don't know what the eventual fallout was, but the immediate fallout was the instructors went easier on the rest of us.

[JWB]

 

[Stargrunt6]

On 8/5/2024 at 8:59 PM, JWB said:

 

Lol he got that EDP treatment.

Meanwhile, around where I'm at:

 

[JWB]

 

[JWB]

 

[Murph]

Yeah, not a good look for that Chief.  

[Ivanhoe]

Bravo;

https://behindtheblack.com/behind-the-black/points-of-information/pushback-former-police-chief-who-illegally-raided-local-kansas-newspaper-charged/

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The wheels of justice ground slow, but grind they do: In August 2023 the entire police department of Marion, Kansas, performed a Gestapo-like raid of a local newspaper’s offices as well as the homes the town’s vice mayor, the newspaper’s 98-year-old owner Joan Meyer (resulting in her death the next day from a heart attack), and one reporter.

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It appears that these prosecutors found there was no grounds for charging Cody for the raids, but his actions allowed them to charge him with obstruction of judicial process, though no specifics of that charge have as yet been released.

Most importantly, the prosecutors concluded without doubt that no crime of any kind had been committed by any of the people accused by Cody. He thus had no cause for doing any search, other than his own personal vendatta.

 

I suppose a "vendatta" is a vendetta involving data.

Unfortunately;

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Meanwhile the judge who approved the search warrant, Laura Viar, managed to escape discipline for her actions. In the secret proceedings before the Kansas Commission on Judicial Conduct, her defense made her appear quite incompetent and untrustworthy, since it was clear she approved a warrant when there was no evidence of any probable cause for a search. The commission let her off the hook, but the public outrage against her and the commission still lingers.

 

[JWB]

Will any of them get punished?

 

[Mr King]

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Father body slammed and arrested by cops for taking "suspicious" early morning walk with his 6 year old son

 

[Murph]

On 8/15/2024 at 8:46 AM, Ivanhoe said:

Bravo;

https://behindtheblack.com/behind-the-black/points-of-information/pushback-former-police-chief-who-illegally-raided-local-kansas-newspaper-charged/

.
 

I suppose a "vendatta" is a vendetta involving data.

Unfortunately;

 

Judges protect their own.  As do lawyers.  They have no accountability at all.

[JWB]

Case closed.

 

[R011]

5 hours ago, JWB said:

Case closed.

 

And what happened to the rapist?  Charged?  Fired?  Promoted?

[Skywalkre]

5 minutes ago, R011 said:

And what happened to the rapist?  Charged?  Fired?  Promoted?

I'd laugh if the last bit didn't have some truth to it.

As to this PoS it looks like the system actually worked.  He died in Federal prison earlier this year while serving a 14-year sentence related to these events.

[Skywalkre]

Took 'em long enough to file charges considering it was pretty obvious from the bodycam footage.  Still, there's the whole issue of if he'll actually be convicted.  Per this quote from later in the article that's a rare thing in FL (as is being charged in the first place).

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It is highly unusual for Florida law enforcement officers to be charged for an on-duty killing — it has only happened four times in the last 35 years before Friday. Even then, only one of those officers has been convicted.

Here's the opening of the article and link:

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Ex-sheriff’s deputy charged in fatal shooting of Florida airman

CRESTVIEW, Fla. — A Florida Panhandle sheriff’s deputy is facing a charge of manslaughter with a firearm in connection with the fatal shooting of an airman who opened his apartment door while holding a gun.

Former Okaloosa County deputy Eddie Duran was charged Friday in the May 3 shooting death of Senior Airman Roger Fortson, Assistant State Attorney Greg Marcille said Friday. That is a first-degree felony punishable by up to 30 years in prison.

https://www.airforcetimes.com/news/your-air-force/2024/08/23/ex-sheriffs-deputy-charged-in-fatal-shooting-of-florida-airman/

[sunday]

This is different. Intra-police shenanigans. One does not know if to cry or to laugh.

 

[Ivanhoe]

TMK we don't really have a "landmark court cases" thread, so I'll put it here;

https://thetexan.news/judicial/geofencing-warrants-split-appeals-courts-after-5th-circuit-finds-fourth-amendment-violation/article_ba4bf1e8-5e4d-11ef-ae84-e3b2d62ebd13.html
 

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Geofencing warrants, the court explained, are different from normal search warrants that are based on probable cause and allow the police to search a known specific person or thing. Instead, law enforcement uses geofencing warrants when the identity of the suspect isn’t known, such as in this instance.

The warrants work in reverse from traditional search warrants. Most commonly, as with this case, investigators ask Google to search a database containing data from every one of their users who has their location history enabled on their smartphones.

 

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When Google receives a geofencing warrant, the company must search all records in the Sensorvault for location data that corresponds to the warrant — for all accounts that were within a certain geographic location at a certain time.

This creates a list of potential suspects, and in this case, led agents to McThunel.

The appeals court took a critical tone in pointing out that rather than rationing this powerful new tool for major cases, law enforcement has rampantly “abused” it to investigate petty crimes, flooding Google with warrants.

 

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The appeals court agreed the warrants violated the Fourth Amendment. 

“Geofence warrants present the exact sort of ‘general, exploratory rummaging’ that the Fourth Amendment was designed to prevent,” the panel wrote, noting the history of what prompted the Founding Fathers to write the Fourth Amendment.

“The Fourth Amendment was the founding generation’s response to the reviled ‘general warrants’ and ‘writs of assistance’ of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity.”

“It is undeniable that general warrants are plainly unconstitutional,” they concluded.

The judges also noted that their ruling contradicts a decision by the 4th Circuit Court of Appeals, which found that geofencing warrants were not “searches” under the Fourth Amendment because Google, not the government, did the searching.

“This proposition is breathtaking,” the court said in criticizing their judicial peers.

 

To this layman, this sounds like a Good Thing. Else state and federal LE will simply find a cooperative judge and use a flurry of geofence warrants to vacuum up location/time/ID data for everyone, creating a Stasi-like monitoring system.