Author Topic: Screwed over by cops with Qualified Immunity? Fight back with Eminent Domain!  (Read 471 times)

AZRedhawk44

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https://www.youtube.com/watch?v=FSXAggq5ozo

Police thrash a woman's home while chasing a criminal, in McKinney TX.  SWAT "dynamic entry" into the house to get a criminal who had barricaded himself inside and kidnapped a 15 year old.  During negotiations he released the juvenile, but refused to surrender.  Evidently he killed himself before or during the dynamic entry.

Dynamic entry caused between $50k and $70k in damages to the house.  Homeowner was not present during the situation.

Insurance refused to pay for it, as an "act of government."

Lawyer sidestepped Sovereign/Qualified Immunity by arguing it was a "takings" under the takings clause, on par with Eminent Domain.  Rather than suing due to actions (defendable via QI), you're suing because they took your house for the public good (a bad guy in your house, they thrash the house to get him).  Eminent Domain requires compensation for government actions in Takings.

It's now a Fifth Circuit win, and McKinney doesn't like it and is challenging to SCOTUS.
"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist."
--Lysander Spooner

I reject your authoritah!

Brad Johnson

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One can only hope.

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

Tuco

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That's a brilliant legal strategy. I'll file that idea away and pray to never need it.
7-11 was a part time job.

sumpnz

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Hasn’t it been tried, and failed, before?