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| "Screenshots of [Rodney] King lying down and being beaten by LAPD officers" from CNN's 10th anniversary report on the riots, Frames from an original home video, Wikipedia. (Fair Use) |
THEY BETTER NOT LET THIS MISTAKE STAND.
Qualified immunity is based on an 1871 ruling that was miscopied when Federal statute was compiled and published in 1874. The all important last sentence, which would have meant police would not have been shielded all these years, was omitted by a scrivener who was later fired for his sloppy work.
This has only been tested in the courts once, the Judge let the flawed policy stand even with clear evidence of how the statute was supposed to read all along, effectively kicking the matter up to a higher court.
Did you know about this? PROBABLY NOT. This just came out. Below are links to probably all of the horrifyingly few news articles that reported on this hugely important development, copy/pasted from a Google search.
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Lawyers divided on how missing phrase could affect ... https://thedailyrecord.com › 2023 › May › 16 May 16, 2023 — Section 1983 provides in pertinent part: “Every person who, ... “All the Notwithstanding Clause does is confirm what we can tell both from the text and from ... |
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Is qualified immunity based on scrivener's error? Law ... https://www.abajournal.com › news › article › is-quali... May 16, 2023 — “Only that court can definitively grapple with [Section] 1983's enacted text and decide whether it means what it says—and what, if anything, that means for ... |
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Qualified Immunity's Flawed Foundation https://larc.cardozo.yu.edu › cgi › viewcontent by AA Reinert · 2023 · Cited by 3 — Section 1983 meant to explicitly displace common law immunities. ... good-faith immunity that existed at common law—because of what I call the. |
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Ending Qualified Immunity in New York State https://www.nycbar.org › committees › reports › detail Apr 28, 2023 — Brandhove, the United States Supreme Court interpreted Section 1983 for the ... March 15, 2023 Rising Antisemitism in NYC and What Is Being Done Legally ... |
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We Ended Up With Citizens United Because of a Typo https://www.esquire.com › news-politics › politics › cit... May 16, 2023 — A ruling on qualified immunity and Citizens United were brought to us by ... But the Supreme Court has said that the law, usually called Section 1983, ... |
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The Reconstruction Congress preempted qualified immunity https://www.lawyersgunsmoneyblog.com › 2023/05 May 16, 2023 — ... usually called Section 1983, did not displace immunities protecting officials that existed when the law was enacted. The doctrine of qualified immunity ... |
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16 Crucial Words That Went Missing From a Landmark ... https://www.reddit.com › supremecourt › comments May 15, 2023 — If you search for the text of the missing clause you can see it's been ... on 42 USC 1983 and ignore US Supreme Court precident on qualified immunity. |
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Comments welcome. I may write something longer.
Be seeing you.
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