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Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

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Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#41
post #34
post #19

Thank god 1st amendment works. But it should not get paid from taxpayer money, instea the offending officer ahould pay it

I at least partly disagree, speaking from my perspective as a small-time city council member. I agree that ideally taxpayers shouldn't pay money for this kind of misconduct. But in practice, misconduct must face consequences, those affected must be made whole, the offending employee likely can't pay the judgment in full, and most importantly, the monetary judgment is the most effective way to motivate city government…

> the offending employee likely can't pay the judgment in full

My doctor is required to carry malpractice insurance. Those who commit repeated egregious mistakes become uninsurable.

Make cops do the same.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#42

The sheriff that arrested him should face criminal charges for misuse of authority. That he doesn't reflects a structural weakness in US law. In most European legal systems a law enforcement officer overstepping his legal authority would face criminal charges for it.

"In return, Bushart will drop the federal civil rights lawsuit he filed against Sheriff Nick Weems, investigator Jason Morrow and the county for violating his constitutional rights."

Even at his age of 60 (I'm getting up there), I wouldn't have made that deal.

https://www.newschannel5.com/news/newschannel-5-investigates...

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#43

The sheriff that arrested him should face criminal charges for misuse of authority. That he doesn't reflects a structural weakness in US law. In most European legal systems a law enforcement officer overstepping his legal authority would face criminal charges for it.

It's not a structural weakness, it's an intentional feature . Our legislature specifically and intentionally made it impossible for citizens (or anyone) to hold police responsible for anything.

It is a weakness, but yes, an intentional one. Why a weakness? It leads to structural instability.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#44
post #32

Earlier quoted context omitted.

How is that an example? Whatever you do now doesn't work retroactively. Changing the system means removing the potential for abuse of power, not punishing abuse of power after the fact.

> Whatever you do now doesn't work retroactively. The point of such a thing is to deter similar conduct in the future. The fact that this isn't a crime, and that qualified immunity typically means they can't even be held responsible civily, is part of what encourages police to commit misconduct like this. The only folks punished here were the local taxpayers footing the bill.

If you're going to change the system, which you need to do to make it possible to bring charges in a case like this, the other changes I suggested would be more effective and harder to weaponize.

The core problem here is that the system allowed an innocent person to stay in jail. That needs to be fixed on a system level, not by trying to punish people after the fact for bad outcomes.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#45

The sheriff that arrested him should face criminal charges for misuse of authority. That he doesn't reflects a structural weakness in US law. In most European legal systems a law enforcement officer overstepping his legal authority would face criminal charges for it.

> In most European legal systems a law enforcement officer overstepping his legal authority would face criminal charges for it.

I wouldn't say in most. In many they wouldn't

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#46
post #21
post #7

Earlier quoted context omitted.

And in cases like this, the actual perpetrators typically don't pay a cent out of their own pockets. Instead, the city or county indemnifies the defendant, either directly or through insurance. Which means that taxpayers (possibly including the injured party) are the ones who pay.

Indeed. Qualified immunity is a stain on American jurisprudence. You can almost never hold anyone in government accountable. You are forced to sue your own community to get some shred of justice while the actual people who violated your rights face zero accountability. Tell lawmakers who want your vote this November that you want an end to qualified immunity. Agents of the state should not be less accountable to the…

IMO this case is a good example of one that ought to void qualified immunity as it currently stands, though I know in practice it's more difficult. I think it's plain that a "clearly established" constitutional right was knowingly violated here.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#47
post #44

Earlier quoted context omitted.

> Whatever you do now doesn't work retroactively. The point of such a thing is to deter similar conduct in the future. The fact that this isn't a crime, and that qualified immunity typically means they can't even be held responsible civily, is part of what encourages police to commit misconduct like this. The only folks punished here were the local taxpayers footing the bill.

If you're going to change the system, which you need to do to make it possible to bring charges in a case like this, the other changes I suggested would be more effective and harder to weaponize. The core problem here is that the system allowed an innocent person to stay in jail. That needs to be fixed on a system level, not by trying to punish people after the fact for bad outcomes.

> The core problem here is that the system allowed an innocent person to stay in jail.

No; the system got the innocent person out of jail and a hefty settlement for their trouble. The system is now, unfortunately, allowing the guilty parties to stay employed as cops after performing a kidnapping.

> That needs to be fixed on a system level, not by trying to punish people after the fact for bad outcomes.

An accidental positive on a drug test is a bad outcome.

Locking someone up for more than a month because they posted a photo of the President and a quote he actually said is a crime.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#48
post #19

Thank god 1st amendment works. But it should not get paid from taxpayer money, instea the offending officer ahould pay it

The govt/state granted that sheriff the power to do that action. The govt/state therefore have a responsiblity for his actions. Otherwise companies/govt could never be held accountable (because an organisation can never take action only humans can)

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#49
post #9

The path to solving a culture that overincarcerates is not by incarcerating those involved in perpetuating that culture. We need to tame the impulse to throw people in jail for doing things we dislike, not just point it at different targets. I see several comments saying that criminal charges should be brought over this. That is not the way.

Sure. Let’s start pushing back against over-incarceration by not punishing people that knowingly did something wrong and flies in the face of the country’s supposed values. Makes sense.

We should start by removing the ability of prosecutors and police to bring such cases in the first place.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#50

A judgement isn't enough. Those behind the warrant should be in prison, and fined personally. The tax payers of Tennessee shouldn't have to foot the bill for their malfeasance.

So the taxpayers should not face accountability for who they elect?
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