Police Immunity Laws Test Conservative Principle — And Rule Of Law

Former Minneapolis police officer Derek Chauvin faces murder and manslaughter charges for kneeling on George Floyd’s neck until he stopped breathing. But even if Chauvin is convicted, Floyd’s family may not be able to pursue claims under a federal statute that authorizes lawsuits against government officials who violate people’s constitutional rights.

The uncertain prospects for the lawsuit Floyd’s relatives plan to file underlines the unjust and irrational consequences of qualified immunity, a doctrine that shields police from liability for outrageous conduct when the rights they violated were not “clearly established” at the time. Congress should seize the opportunity created by Floyd’s May 25 death and the nationwide protests it provoked to abolish that doctrine, which the Supreme Court unlawfully grafted onto the Civil Rights Act of 1871.

Was it “clearly established” on May 25 that kneeling on a prone, handcuffed arrestee’s neck for nearly nine minutes violated his Fourth Amendment rights? The issue is surprisingly unsettled in the Eighth Circuit, which includes Minnesota. Continue reading.

Trump will rely on an apocalyptic story of conspiracy as Democrats press for the rule of law

AlterNet logoThe presidential impeachment battle moves to a new stage on Wednesday, when the House will conduct the first public, televised testimony.

The nation is divided: Although a majority of Americans believe that Trump should cooperate with the impeachment inquiry, the public is not yet sure if Trump is guilty of impeachable offenses.

The impeachment battle will occur in Congress. But it will also play out on the national stage as the two sides compete to frame how the public thinks about the legitimacy of the inquiry.

View the complete November 13 article from Jennifer Mercieca from Texas A&M University and the Conversation on the AlterNet website here.

Trump’s Impeachable Conduct Strikes at the Heart of the Rule of Law: Part 2

This is part two in a series documenting the ways in which President Trump’s actions related to Ukraine violate basic tenets of American law. Read the first installment, which focuses on bribery and extortion, here.

Center for American Progress logoThere is substantial evidence to show that President Donald Trump committed impeachable offenses. Pressuring a foreign government to interfere in U.S. elections by, among other things, withholding military aid undermines America’s democracy and national security. In fact, concern over foreign interference is one of the reasons the founders provided for the constitutional power of impeachment in the first place.

President Trump continues to claim that his actions in the Ukraine-related scandal have been “perfect.” This couldn’t be further from the truth. While a president need not break any specific laws in order to be impeached and removed from office, the type of behavior exhibited by President Trump is prohibited by a range of federal laws. Continue reading “Trump’s Impeachable Conduct Strikes at the Heart of the Rule of Law: Part 2”

‘This is crazy,’ sobs Utah hospital nurse as cop roughs her up, arrests her for doing her job

The following article by Derek Hawkins was posted on the Washington Post website September 1, 2017:

The head nurse at the University of Utah Hospital’s burn unit was arrested July 26 after she told a Salt Lake City police detective he wasn’t allowed to draw blood from a patient. (Karra Porter)

By all accounts, the head nurse at the University of Utah Hospital’s burn unit was professional and restrained when she told a Salt Lake City police detective he wasn’t allowed to draw blood from a badly injured patient. Continue reading “‘This is crazy,’ sobs Utah hospital nurse as cop roughs her up, arrests her for doing her job”