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Showing posts from May, 2022

Qualified Immunity--Why is it un-understandable?

Qualified immunity isn't an easy concept to grasp. There isn't an elevator pitch. It's pretty involved. But let's start with this: Every person in the United States has rights that are protected. Also true is the fact that governments have made themselves and their 'agents' somewhat invincible when it comes to lawsuits.  Recall that this country supposedly wanted to break up with King George III, in part because he was unaccountable; he was immune from prosecution. Our bewigged forebears didn't like that. It's known as  sovereign immunity , and it's part of why they dumped him. However, when the chips were down and the quill pens were out, the ancestral legislators of the so-called Land of the Free decided that well, maybe a little immunity wasn't such a bad thing for them, as a government. And so, they put sovereign immunity into the Constitution. There's a little YouTube  primer here .  Then the states put sovereign immunity into their stat...

Hamdi Mohamud--Wrongly arrested and incarcerated in 2011. Still waiting for justice in 2022.

Here is just one case that shows some of what's involved in seeking restitution for a violation of constitutional 'rights'. It's life-changing and frightening, and it can happen to anyone.  Hamdi Mohamud Hamdi Mohamud, Credit: Institute for Justice Rights violation took place in 2011 Ms. Mohamud was wrongly incarcerated for two years at age 16. One of those years was spent in federal prison. Still waiting for her case to be heard in 2022 Hamdi Mohamud was arrested at the age of 16 and incarcerated for 2 years without a trial based solely on false information provided by a police officer. Eleven years after her initial arrest and eventual release, the case against the officer that provided bogus evidence against her still has not been allowed to go to trial. In June 2011, 16 year old Hamdi Mohamud and a friend were innocent bystanders during a fight involving three older girls. St. Paul police officers responded when Muna, one of the older girls, attacked the others wit...