PDA

View Full Version : Fed judge strips kops immunity




tod evans
09-29-2014, 06:17 AM
Judge won't grant immunity to police, doctor who medically paralyzed man for cavity search

http://www.foxnews.com/us/2014/09/27/judge-wont-grant-immunity-to-police-doctor-who-medically-paralyzed-man-for/?intcmp=obinsite

OAK RIDGE, Tenn. – A federal judge has ruled that police officers and a physician who medically paralyzed a man to conduct a cavity search for drugs in Tennessee are not immune from prosecution.

The Knoxville News Sentinel reports (http://bit.ly/YsTsNq) the 2010 cavity search at the Oak Ridge Methodist Medical Center did turn up cocaine, and Felix Booker was charged with a federal drug crime.

The 6th Circuit U.S. Court of Appeals tossed out the case, however, saying the search "shocked the conscience" and violated the Constitution.

Booker filed a civil-rights lawsuit naming several authorities in the Anderson County Sheriff's Office and Oak Ridge Police Department, and the physician involved.

The defendants' attorneys have argued they're immune from prosecution because they were just doing their jobs.

presence
09-29-2014, 07:13 AM
SCOTUS needs to strip police qualified immunity unanimously across the board. Trained state actors should be held to a higher standard than a "reasonable person". Police should have greater, not less PERSONAL accountability than the common citizen.


http://en.wikipedia.org/wiki/Reasonable_person
http://en.wikipedia.org/wiki/Qualified_immunity


Gov't stamped clown suits shouldn't grant additional rights.

Origanalist
09-29-2014, 08:14 AM
Judge won't grant immunity to police, doctor who medically paralyzed man for cavity search

http://www.foxnews.com/us/2014/09/27/judge-wont-grant-immunity-to-police-doctor-who-medically-paralyzed-man-for/?intcmp=obinsite

OAK RIDGE, Tenn. – A federal judge has ruled that police officers and a physician who medically paralyzed a man to conduct a cavity search for drugs in Tennessee are not immune from prosecution.

The Knoxville News Sentinel reports (http://bit.ly/YsTsNq) the 2010 cavity search at the Oak Ridge Methodist Medical Center did turn up cocaine, and Felix Booker was charged with a federal drug crime.

The 6th Circuit U.S. Court of Appeals tossed out the case, however, saying the search "shocked the conscience" and violated the Constitution.

Booker filed a civil-rights lawsuit naming several authorities in the Anderson County Sheriff's Office and Oak Ridge Police Department, and the physician involved.

The defendants' attorneys have argued they're immune from prosecution because they were just doing their jobs.

So even Federal judges have a limit? Who knew?

"The defendants' attorneys have argued they're immune from prosecution because they were just doing their jobs."

https://sp.yimg.com/ib/th?id=HN.608054029522305807&pid=15.1&P=0

fisharmor
09-29-2014, 08:25 AM
But if they HADN'T found drugs, then there would be no civil rights hooplah.
Nothing would have come from it.

I don't go in for conspiracy theories, but damn, people, they have like a thousand cases a day they could make a big civil rights deal out of that don't involve the victim actually doing anything in violation of the law.
Something stinks and stinks bad, and it's not just that guy's coke.

surf
09-29-2014, 10:41 AM
SCOTUS needs to strip police qualified immunity unanimously across the board. Trained state actors should be held to a higher standard than a "reasonable person". Police should have greater, not less PERSONAL accountability than the common citizen.


http://en.wikipedia.org/wiki/Reasonable_person
http://en.wikipedia.org/wiki/Qualified_immunity


Gov't stamped clown suits shouldn't grant additional rights."higher standard than a reasonable person"? how about just a reasonable standard of a reasonable person?