291–300 of 335 posts
> INDEMNIFICATION BY PUBLIC BODY.--A judgment awarded pursuant to the New Mexico Civil Rights Act against a person acting on behalf of, under color of or within the course and scope of the authority of the public body shall be paid by the public body.
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Not in the case of criminal law violations. Civil suits should not be used as a blunt weapon to end run criminal complaints only because they set the bar lower. This is antithetical to tort reform.
Most police officers don't get murder charges anyway. Civil court exist for something. Saying that people should sue criminal instead of civil is up to the victim team not you. If people don't want to be sued civil they should do a better job first. Removing bs laws that don't regulate anything anyway would be good also. Laws are meant to be respected not to be dodge because your job is important. Everybody job is.
Sure, but that something isn't criminal law.
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I don't think it is just being hard headed. I don't know of a practical non-disruptive way to change the basis of the US legal system away from common law. Edit: not that I support the legal status quo, I just don't see the public bipartisan will to make that level of systemic reform
That's pretty much what I mean by hard headed, no one is willing to consider change. Not an individual, just the people that create laws and policies.
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That's pretty much what I mean by hard headed, no one is willing to consider change. Not an individual, just the people that create laws and policies.
Yeah no kidding. Common law is perhaps at the heart of how rich Americans understand the state. And then the overrepresentation of lawyers in legislatures just makes this worse. Either way, this stuff is completely sacrosanct for no good reason.
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I agree with all of your points, except for your idea of "the people they serve and protect." If you read about the historical origins of the US police force, their (verifiably documented) lineage goes back to the days of English colonialism. Those original patrol groups were created to "protect" the damage/loss of property- namely to prevent runaway slaves from escaping their owner's control. The US police force has…
Way to go turning the whole of the police force into a bunch of racist bigots. With many family members serving in both law enforcement and the military, this is one of the most offensive things I have heard in a long time. 99% of the police are some of the best people you will ever meet, and they will even serve and protect people like you who don't appreciate them and would spit on them if had the chance.
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> The purpose of qualified immunity is to permit officials to carry out their discretionary duties without fear of personal liability or harassing litigation. Shouldn’t we all be able to carry out our lives without undue fear of personal liability or harassing litigation? It makes no sense to provide a special civil liberty for government employees and no one else. If we need to reign in law suits, then let’s do that…
Yes, but certain groups of people who's job it is to confront people in the public are the recipients of orders of magnitude more complaints than the average individual. The legal system is unfortunately set up such that there is a significant burden (time and cost) on defendants, even when cases are brought without merit. In that way, the legal system can be "weaponized" and public employees can be influenced to act…
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Pure nonsense. Cite these cases where software engineers have built a decades-long track record of abusing power and murdering innocents under the guise of civil service and directly abusing qualified immunity to get away with it. Or maybe tone things down.
You can't even do that for civil servants though. The actual number of "encounters gone wrong" vs total encounters is vanishingly small. People think there is an epidemic of police murdering minorities, but in reality the number of unarmed black men killed by police is somewhere between bear attacks and babies drowning in buckets in terms of annual deaths. That's not to downplay the horror of such killings, but to pu…
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I have an outstanding judgment for over $100k against a home builder that my lawyer told me I have about a 1% chance of ever collecting on. This isn’t even a situation where I can file a lien; the company is out of business because of their shoddy business practices and the former owners are broke. Meanwhile I had to pay my lawyer. I would have been better off doing nothing, and in hindsight I would not pursue the ca…
This is a fairly common pattern among home builders. Start John's Construction, make some money, live the high life for a few years, homes start to show signs of issues, go bankrupt, then start Jon's Construction and begin the process over again.
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I agree with all of your points, except for your idea of "the people they serve and protect." If you read about the historical origins of the US police force, their (verifiably documented) lineage goes back to the days of English colonialism. Those original patrol groups were created to "protect" the damage/loss of property- namely to prevent runaway slaves from escaping their owner's control. The US police force has…
Way to go turning the whole of the police force into a bunch of racist bigots. With many family members serving in both law enforcement and the military, this is one of the most offensive things I have heard in a long time. 99% of the police are some of the best people you will ever meet, and they will even serve and protect people like you who don't appreciate them and would spit on them if had the chance.
https://en.m.wikipedia.org/wiki/Warren_v._District_of_Columb....
I think that the Game theory suggests that cops will be less inclined to show up to a call or do anything to fight crime, because it could bring too much legal responsibility. Eat donuts, ignore the radio and you will be fine.