Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 12/4/2023 9:26:59 AM EDT
Cops BEAT Innocent College Kid | His Attorney Explains | Now at SCOTUS


Backstory: Back in 2014, guy walking to his college internship job is utterly misidentified (ie. Does not match the suspect description) by USMS federalized local Grand Rapids PD, is stopped by them, assaulted, & arrested. Lawsuit filed, but government is currently stonewalling & dragging the process to kill it via process, lawfare style.

The legal issue here is federal task forces being created by the Marshals for state level issues (why?) creates federal immunity, which is what the legal fight pivots on. They note that federal task forces have increased in use since 1965, & supremacy clause comes into scope. The only solution seems to be denying or voiding the use of task forces. A Bivens claim has historically been used to support federal immunity, but the plaintiff attorney posits that 42 USC 1983 concerning violation of rights under state law creates a cause of action because its language does not provide an exception that be tantamount a legal exemption, even in light of Bivens.

His further reinforces my long-standing despise of the marshals svc. I hope they break it off in fed + state.
Link Posted: 12/4/2023 9:34:58 AM EDT
[#1]
I'm pretty sure SCOTUS recently denied cert on it, unfortunately.
Link Posted: 12/4/2023 9:40:41 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm pretty sure SCOTUS recently denied cert on it, unfortunately.
View Quote


Really? Hadn't caught it. That's sad if so. Task forces will become a circumvention strategy if they aren't already.
Link Posted: 12/4/2023 5:31:33 PM EDT
[#3]
SC reversed & remanded.

For the reasons explained above, the Court REVERSES the district court's findings that (1) the FTCA judgment bar precludes Plaintiff's remaining claims and that (2) Defendants are entitled to qualified immunity, VACATES the district court's judgment in favor of Defendants, and REMANDS for proceedings consistent with this opinion.
View Quote
Link Posted: 12/5/2023 5:36:24 AM EDT
[#4]
In Sotomayor's Oct 2023 denial of writ, she basically says that it's  important for SCOTUS to weigh in on the issue of severability of claims arising out of the same subject when FTCA precludes some from moving forward and lower court processes prevent separating the issues... just not this time. I get that SCOTUS has to seem busy and all but, where's justice? You would think it's more important than Jack Daniel's™ Properties, Inc. v. VIP Products LLC or Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith among countless other cases that are comparably meaningless.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top