Armed Polite Society

Main Forums => Politics => Topic started by: just Warren on June 30, 2018, 07:31:25 PM

Title: Here's an infuriating action by a city government..
Post by: just Warren on June 30, 2018, 07:31:25 PM
That makes me wonder: Why are the plaintiffs limited to money damages. Why can't part of the process of making them whole, should they win, be sanctioning the city employees that started this mess?  (http://www.ca5.uscourts.gov/opinions/pub/17/17-30692-CV0.pdf)

Shouldn't something happen to these idiots? Something outside of whatever the slap-on-the-wrist the city might do?

Why not firings or jail time? Can we bring back the pillory?
Title: Re: Here's an infuriating action by a city government..
Post by: RoadKingLarry on June 30, 2018, 09:23:51 PM
The city officials ought to be damned glad that the USA is a pretty civilized country.
Title: Re: Here's an infuriating action by a city government..
Post by: Scout26 on July 01, 2018, 12:53:06 AM
Quote
The Garretts’  Section 1983 complaint alleged violations of  the Takings Clause of the Fifth Amendment, the Fourth Amendment, and the Fourteenth
Amendment Due Process Clause.


Some of our lawyer-type folks can confirm, but a 1983 claim means that the city idiots can be held personally liable for screwing the pooch on this one.

Also this decision is vacate and remand back to the lower court to find in favor of the Garretts this time and figure out how much to award them.
Title: Re: Here's an infuriating action by a city government..
Post by: Hawkmoon on July 01, 2018, 02:32:26 AM
Yes, a "1983" claim is for "deprivation of rights under color of law."