RSS EntriesPolice Demand to Use Home as Tactical Outpost
Posted by oshane | Leave a comment at the end of this post.Nearly two years ago on July 10, 2011, police officers in Henderson and North Las Vegas demanded to use a house as a tactical outpost or command center for a domestic violence investigation of the residents’ neighbors. When the residents appropriately told the police to buzz off, the police battered down the door, shot the occupants with nonlethal bullets, arrested the residents, and commandeered the house. (The charges were eventually dismissed with prejudice.)
Now, the lawyers for the family have brilliantly lain in wait for two years just before the statute of limitations expires* to sue the cities under a host of claims under 42 U.S.C. § 1983 (the federal civil rights statute), notably applying the Third Amendment—the one that prohibits the forcible quartering of soldiers during peacetime—as well as the Fourth Amendment (no unreasonable searches and seizures). Read the complaint here. It is dated July 1, 2013.
Assuming the facts in the complaint as pleaded are true, the plaintiffs deserve blood but will get only money. If the plaintiffs are stalwart enough not to settle (and the cities should absolutely try their hardest to settle), may the jury award them many millions of dollars—as punition for this sort of outlandish, outrageous, malevolent behavior. $100 million sounds about right.
If the government does not settle (assuming the plaintiffs are even willing), and it has the temerity to appeal any judgment, this will be a chance for the appellate attorneys to argue for the incorporation of the Third Amendment against the states—at least in the states inside the 9th Circuit.
Not all of the Bill of Rights apply against the states. (Until the early 20th century, none of the first ten amendments to the U.S. Constitution applied to state governments. See Gitlow v. New York, 268 U.S. 652 (1925), which applied some of the limitations on government in the First Amendment to the states using language in the Fourteenth Amendment.) Most of the Bill of Rights has been incorporated to/against the states. The Third Amendment has not, except in the 2d Circuit (Connecticut, New York, Vermont), because of that Circuit’s holding in Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982).
Admittedly, the Third Amendment, which reads,
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law,
contemplates soldiers not police officers, per se. There are also comparative factual issues in the Englbom case that make Englbom harder to serve as an analogy, particularly that the governmental agents were National Guardsmen under the control of the Governor of New York. But without having done much historical research in this area, I’m sure I could come up with a novel but convincing argument to conflate the two concepts (soliders and police).
In any case, the Mitchell family deserves to heap opprobrium upon the cities of Henderson and North Las Vegas and I hope they pay the family handsomely for their actions. Every man’s home should be safe from random governmental force.
* There is no federal statute of limitations for § 1983 claims, so they track the personal injury statutes in the states underlying the federal jurisdictions where the federal courts sit. Nevada’s relevant statute appears to limit these actions to 2 years from the incident.
Normally I don’t learn article on blogs, but I wish to say that this write-up
very compelled me to take a look at and do so! Your writing style has been surprised me.
Thank you, very great post.
Hey! I could have sworn I’ve been to this blog before but after browsing through some of the post
I realized it’s new to me. Nonetheless, I’m definitely happy I found it and I’ll be book-marking and checking back frequently!
Remarkable issues here. I’m very satisfied to peer your article.
Thanks so much and I’m looking ahead to contact you.
Will you please drop me a e-mail?
Appreciate the recommendation. Let me try it out.
Hi my loved one! I wish to say that this post is awesome, nice written and include almost all significant infos.
I’d like to look more posts like this .
Hi there! I’m at work surfing around your blog from my
new iphone 4! Just wanted to say I love reading your blog and look forward to all your posts!
Carry on the great work!
Hello, just wanted to tell you, I liked this blog post.
It was funny. Keep on posting!
whoah this weblog is magnificent i like studying your posts.
Keep up the great work! You recognize, lots of persons
are hunting around for this info, you can help them greatly.
Thanks for sharing your wisdom with us. altcoin season cycle
I don’t even understand how I stopped up here, however I assumed this submit was
great. I don’t realize who you are however certainly you are going to a well-known blogger should you are not already.
Cheers!
Hey! I just wanted to ask if you ever have any problems with
hackers? My last blog (wordpress) was hacked and I ended up losing months of hard work due to no
backup. Do you have any methods to prevent hackers?
Thanks for sharing your thoughts on top seo services.
Regards
Here is my web page – Pinterest
I constantly emailed this website post page to all my
contacts, as if like to read it afterward my links will too.
I constantly spent my half an hour to read this website’s content daily
along with a cup of coffee.
Good web site you’ve got here.. It’s hard to find high quality writing like yours
nowadays. I honestly appreciate individuals like you!
Take care!!
Quality articles is the secret to invite the visitors to visit the web site, that’s what this web site
is providing.
Can you tell us more about this? I’d like to find out some additional information.
Thanks for any other informative blog. Where else could I get that kind of info written in such
a perfect approach? I have a challenge that I’m simply now working on, and I have been on the look out for such info.
Awesome things here. I’m very glad to peer your article.
Thank you so much and I’m taking a look forward
to contact you. Will you kindly drop me a mail?
Hi there! I know this is kinda off topic however , I’d figured I’d ask.
Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa?
My website discusses a lot of the same topics
as yours and I feel we could greatly benefit from each
other. If you happen to be interested feel free to
send me an e-mail. I look forward to hearing from you!
Awesome blog by the way!
I was recommended this blog by my cousin. I’m not sure whether this post is written by him as nobody else
know such detailed about my trouble. You are amazing!
Thanks!
Very rapidly this web page will be famous amid all blogging and site-building users,
due to it’s pleasant articles
Thanks for the good writeup. It in fact used to be a entertainment
account it. Glance complicated to more added agreeable from you!
However, how can we keep in touch?
http://vaz2101.ru/main/61553-izgotovlenie-nomernyx-znakov-v-rf-zakonno-bystro-i-udobno.html
Attractive section of content. I just stumbled upon your blog and
in accession capital to assert that I acquire in fact enjoyed account your
blog posts. Anyway I’ll be subscribing to your feeds and even I achievement you access consistently quickly.
Hi friends, its wonderful piece of writing on the topic
of educationand fully defined, keep it up all the time.
http://www.wikidot.com write an article
oshane:blog » Blog Archive » Police Demand to Use Home as Tactical Outpost
Learn Alot more Here
oshane:blog » Blog Archive » Police Demand to Use Home as Tactical Outpost
Terrific post however I was wanting to know if you
could write a litte more on this topic? I’d be very thankful if you
could elaborate a little bit further. Thank you!
Someone essentially assist to make significantly articles
I would state. That is the very first time I frequented your web page and to this point?
I surprised with the research you made to make this particular put up amazing.
Magnificent task!
I’m gone to convey my little brother, that he should also pay a quick
visit this weblog on regular basis to get updated
from newest reports.
Hi there, I desire to subscribe for this web site to obtain latest
updates, so where can i do it please assist.
We’re a group of volunteers and opening a new scheme in our community.
Your site offered us with helpful info to work on. You have done an impressive job and our entire community shall be grateful to you.
This is a topic which is close to my heart… Best wishes!
Where are your contact details though?
Hey there I am so excited I found your blog, I really found you by accident, while I was browsing on Bing for something else, Nonetheless I
am here now and would just like to say kudos for a incredible post and
a all round thrilling blog (I also love the theme/design),
I don’t have time to browse it all at the moment but I have book-marked it and
also added your RSS feeds, so when I have time I will be back to read more, Please do keep up the fantastic work.
additional reading
oshane:blog » Blog Archive » Police Demand to Use Home as Tactical Outpost