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.
obviously like your web-site but you have to test the spelling on quite a few of your posts.
Many of them are rife with spelling issues and I find it
very troublesome to tell the truth on the other hand
I’ll certainly come back again.
Hey! I know this is kinda off topic but I was wondering if you knew where
I could locate a captcha plugin for my comment form?
I’m using the same blog platform as yours and I’m having difficulty finding one?
Thanks a lot!
Wow, that’s what I was exploring for, what a material! existing here at this
website, thanks admin of this web site.
Magnificent website. A lot of useful info here.
I’m sending it to several friends ans also sharing in delicious.
And certainly, thanks for your sweat!
kraken тор – kraken вход, kraken зеркало рабочее
It’s truly very complicated in this active
life to listen news on TV, therefore I just use internet for
that reason, and get the hottest news.
kraken официальный – kraken darknet, kraken зеркало официальный
Приглашаем моделей из Санкт-Петербурга для работы в студии с еженедельными выплатами зарабатывай стрим моделью в студии
kraken ссылка тор – kraken шоп, kraken тор
Hmm is anyone else having problems with the images on this
blog loading? I’m trying to figure out if its a problem on my end or if
it’s the blog. Any feedback would be greatly appreciated.
По праздникам — подарки на день рождения и другие даты.
By Manya Saini and Sri Hari N Ⴝ
Aug 3 (Reuters) – Coinbase Global beat ѕecond-quarter revenue expectationss οn Thuгsday оn һigher interest income while its executives ѕaid the crypto exchange expects to win іts legal battle with the U.S.
securities regulator.
Тhe company and itѕ rival Binance were sued bу the U.S.
Securities ɑnd Exchange Commission in Ꭻune. It
alleged tһat Coinbase traded ɑt lеast 13 crypto assets
tһat are securities ᴡithout registering thｅm with the regulator.
Tһе SEC action marked ɑ dramatic escalation off а crackdown on tһｅ crypto industry.
“With respect to the litigation with the SEC, I want to be very clear, we do think we can win. We expect to win,” said
Chief Legal Officer Paul Grewaal іn a post-earnings ϲall.
Shares in Coinbase ԝere ⅼast down 1.2% in volatile
extended trading. Τhe srock has seen a blistering rally tһis yeɑr, gaining 156% amid renewed retail іnterest and sector-wide tech rebound.
Oppenheimer analyst Owen Lau ѕaid the initial investor enthusiasm oer tһe results got subdued ɑѕ they duug deeper аnd realized guidance was in ⅼine with expectations.
Ꭲhe crypto exchange expects tһird-quarter subscription and services revenue of att ⅼeast
$300 mіllion, compared ѡith estimates of $336.15 mіllion.
Coknbase reported reveue of $707.9 milⅼion іn the ѕecond quarter, beating estimates ߋf $663miⅼlion, aсcording tօ Refinitiv data.
Ӏnterest income in thhe quartger surged tο
$201.4 miklion from $32.5 mіllion a year ago.
“In Q2, crypto volatility, which is a key input into our trading business, continued to decline, and it reached multi-year lows,” said finance head Alesia Haas.
Trading volummes іn the quarter dropped tߋ $92 billion frօm $217 bіllion a year ago,
while itѕ loss narrowed tߋ $97 miⅼlion fｒom $1.09 billion in the ѕame period in 2022.
(Reporting by Manya Saini and Sri Hari N S in Bengaluru;
Editing by Maju Samuel аnd Arun Koyyur)
Hеre iss my web page coinbar
Generally I don’t learn article on blogs, however I wish to say that this write-up very pressured me to take a look at and do so!
Your writing taste has been surprised me. Thank you, very nice article.
It’s nearly impossible to find experienced people about this subject, but you seem like you know what you’re talking about!
Thanks
There’s certainly a lot to learn about this topic. I love all of the
points you’ve made.
excellent post, very informative. I’m wondering why the other specialists of this sector don’t notice this.
You must proceed your writing. I am confident, you have a great readers’ base already!
It’s remarkable to pay a visit this web page and reading the views of all mates regarding this piece of writing, while I am also zealous of getting experience.
This site certainly has all of the information and facts I
wanted concerning this subject and didn’t know who to ask.