Qualified Immunity

How do those cops get away with that?  Well, most likely if a cop gets away with an illegal act, you need to blame a judge, not a cop.  The black-robed mafia does at least as much damage to our rights as rogue cops do.  Judges aren’t born, they are promoted from ‘lawyer.’  Ever notice that if you slur the word lawyer a little it comes out ‘liar?’  I don’t think that’s an accident.  Corrupt cronyism.  It is always important to remember that we have a ‘legal system’ and NOT a ‘justice system.’  There is a big difference and it can hurt you.  It can also allow bad cops to continue to hurt the public that they are supposed to be protecting.  I thought a little info on the ‘Qualified Immunity Doctrine’ is in order.  Understanding it will help make sense of some of the stuff you see that just doesn’t seem right.  Here is a statement of legality of actions:

Every person who, under color of any statute . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . .
42 United States Code section 1983.

This is as it should be.  Gubmint officials should be held responsible for their actions.  What the qualified immunity doctrine does is to legally shield officials (LEO’s etc.) from prosecution when their intent was not to violate a citizen’s rights.  While this doctrine can be misused by the courts, it does reduce frivolous lawsuits (mostly coming from criminals).

“[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
Harlow v. Fitzgerald, 457 U.S. 800 (1982).

To determine if an officer is entitled to qualified immunity, courts ask two questions: (1) viewing the facts in the light most favorable to the injured party, did the officer violate that person’s constitutional or statutory rights; and, if so, (2) was that right clearly established at the time of the incident, such that a reasonable officer would understand his conduct was unlawful in the situation he confronted.
Henderson v. Munn, 439 F.3d 497 (8th Cir. 2006).

If properly applied, this should weed out the bad cops that think they have more rights than citizens.

In excessive force claims, courts evaluate whether an officer’s conduct was objectively reasonable under the totality of the circumstances. Factors considered include: 1) the severity of the crime for which a person is seized; 2) whether the person seized posed a threat to the safety of officers or others; and 3) whether the person was resisting arrest.
Graham v. Connor, 490 U.S. 386 (1989).

I think this is where the most abuse by the courts comes from:  The questions should guide officers to make intelligent and compassionate decisions regarding the citizens they encounter.  Unfortunately, this is not always the case.  Like punishment for criminals, punishment of LE abuses should be quick and harsh.  And unfortunately, this is also not always the case.  If a cop gets away with abusing an in-custody subject, they get used to abusing rights.  Example:  I’ve taken the subject into custody and they are now handcuffed.  No hitting, kicking, baton strikes, pepper spray, or TASERs.  Use of such force IS a crime.  Doesn’t matter if the subject resisted arrest;  kicked you, hit you, bit you, spit on you, made you run and get sweatey, fought you, tore your uniform, yada, yada yada.  It doesn’t matter.  When a subject is handcuffed, they are now UNDER YOUR PROTECTION!

The Constitution imposes an affirmative duty on police to protect or care for private citizens in two circumstances: “first, in custodial and other settings in which the state has limited the individuals’ ability to care for themselves; and second, when the state affirmatively places a particular individual in a position of danger the individual would not otherwise have faced.” The second situation is known as state-created danger.
Gregory v. Rogers, 974 F.2d 1006 (8th Cir. 1992).

To establish police liability “[u]nder the state-created danger theory, the plaintiffs must prove (1) they were members of a limited, precisely definable group; (2) [police] conduct put the plaintiffs at significant risk of serious, immediate, and proximate harm; (3) the risk was obvious or known to [the police]; (4) [the police] acted recklessly in conscious disregard of the risk; and (5) in total, [police] conduct shocks the conscience. Mere negligence is not conscience-shocking and cannot support a claim alleging a violation of a plaintiff’s substantive due process rights.”
Avalos v. City of Glenwood, 382 F.3d 792 (8th Cir. 2004).

Alright, folks, that should give you a little to chew on.  Hopefully, it will help you do get a clearer view of instances of disputes between citizens and LE.  I think you will find that sometimes the cops are right, and sometimes they are wrong.  A good cop works hard to protect the rights of individuals they interact with without compromising the safety of the public or themselves.

And I’m sure if my little troll buddies (Krampus) read this, they will never understand it and make snarky comments, which from now on I will not approve or reply to.  My blog!  Not yours!

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The Christmas Trolls Are Out and About.

I believe I’ve been visited by the Krampus.

Last week I got a comment on my post “Imagine” https://disturbeddeputy.wordpress.com/2014/12/22/imagine-2/

It seems that I needed to be taken to task for posting in support of the families of the two NY officers that were murdered by a crazy Muslim terrorist.  DanIII delta3two@gmail.com wrote:  “Remember Jose Guerena. Murdered in his own home in front of his wife and child by local, badged thugs. I see you shed no tears for Jose Guerena.”  Well, mister dan III, the murder of Jose Guerena was committed on May 5, 2011, 2 years before Disturbed Deputy even existed.  I am so sorry that I have not gone back over the last 50 years and cataloged each and every  LEO shooting on the planet.  Are you old enough to remember Ruby Ridge?  Am I at fault not to remember Randy Weaver in 72pt. type?  The murdering bastard that shot Weaver’s son Sam and wife Vickie, and again played a part at Waco, FBI sniper Lon Horiuchi is still out there on the streets.  I’m sorry that I can’t reach into my santa bag and make your world perfect.

You comment is obviously intended as an insult and an attack against my blog, and bait for me to answer your juvenile tripe comment.  Have you even read the blog?  I’d say you have NOT!  What a shame that a person that takes on the 3% moniker is so stupid!  You are claiming to be a patriot, yet your comment makes it look like you are an anarchist.  Stop making 3%ers look like damn fools that can’t think and just want to hate.  Your comment indicates to me that you would be one of those stupid Marxist bastards chanting for dead cops.  You stupid, worthless troll.  Grow a brain.  And remember what it says on my banner:  “Don’t like my opinions?  Go away, read another blog.”

Second Krampus:  from ‘Professional Security Contractor’ superajc007@yahoo.com.  This ‘professional’  (hahahaha, I’m still laughing) commented on the same Disturbed Deputy post:  “Can you explain this?
https://www.youtube.com/watch?v=EnKLEOXenow&feature=player_embedded
How is this action considered the right thing to do?”

The link is for the John T Williams shooting video, also ancient history compared to Dist. Dep.  2010 to be exact.  If this mall ninja wanted my opinion he could ask for it, but what he wants is to make it look like I approve of illegal LEO violence towards citizens.  C’mon ninja boy, get a better case.  The Williams shooting video is a lousy example of incident filming.  There are lots more cases of LE abuse of force that have decent video.  And what can be seen and heard indicates a hands-down illegal officer shooting.  The cop doesn’t have a leg to stand on in court:  It is a bad shoot.  But ninja boy appears to think like the denziens of Ferguson and NY that EVERY LEO shooting is wrong.  BITE ME! you idiot!

Again, a troll that has not investigated this blog at all and is making snarky comments because they have no compassion for children who have lost their parents (LEO or otherwise).  Are you two clowns related?  Hmmmm… danny and the mall ninja.  Sounds about right.  I think you kids are up past your bedtime and your computer use should be supervised by an adult.

So, you see, kids, I DID post your comments.  In fact you got a whole post just dedicated to you.  Aren’t you big boys now!

Gun Control PSA Advocates That Children Steal Their Parents’ Guns & Bring Them to School

Yep, that’s how stupid these people are:  Advocating breaking the law so they can get the results they need.  Isn’t that child endangerment, and also contributing to the delinquency of a minor?  Sure it is!  Will they pay the price for their crimes?  Of course not.  That just wouldn’t be PC.

http://www.thegatewaypundit.com/2014/12/gun-control-psa-advocates-advocates-that-children-steal-their-parents-guns-bring-them-to-school-video/

EDC Mentality: Condition Yellow

Going to the store with General Mattis.

I stopped by the local grocery store tonight and for some reason became aware of my subconscious mental state.  First, I noticed that as I passed other shoppers, regardless of color, sex, or manner of dress, I was making a quick head to toe sweep looking for nervous mannerisms, telltale signs of weapons, and their level of awareness.  Second, as I approached, I looked them in the eye to make an assessment of their mental state.  Happy, bored, upset, attentive, mentally unbalanced, etc.  Unfortunately, most of us may make eye contact with another person, then quickly look away.  This is what society and particularly big city living teaches you to do.  We don’t dare be offensive, do we?  Not good, as you don’t have time to see who is there.  Of course, a hard stare may frighten some and anger others, but there is a split-second that you can use to look into ‘the windows of the soul.’  And even after breaking eye contact I watch each person in my peripheral vision until we pass.  Particularly that last moment as you pass, you may see them making a decision to do something.  Perhaps to grab an extra can of beans or perhaps to swing in behind you and follow you.  Or maybe they are also a sheepdog and are doing the last second glance at you, too.  A solid eye contact and occasionally a near-imperceptible nod may give a fellow sheepdog away when you meet.  And maybe not.

While a purposeful stride is often enough to make the wolves decide you are not a potential victim, the occasional meander allows you to take that glance to your 6, just to increase your awareness.  Again, your peripheral vision is priceless, and while you stop and turn slightly, even with your eyes appearing to look to the ground, you can see a lot.

OK, next stop was the checkout counter.  The moment I could see the checkout I began assessing the people in line and particularly paying attention to those between the checkers and the exit.  And the bonus here is that you quickly can see which is the shortest line to use.  When I got in line with my basket, I avoided the common trap of looking straight ahead at the customers in front of me.  I moved around slightly so other shoppers automatically gave me a little space, and while moving again assessed the other checkout lines and the nearby areas.  Turning and flashing a quick smile to the shopper behind you allows you to scan the area, and a friendly look may be what makes their day.  Have you ever noticed that in situations we’ve repeated thousands of times, we go on autopilot?  Stand in the line.  Stare at the person ahead of you, or at their purchases.  Turn off the radar.  That can be a death trap.  Stay aware, stay focused!

Now the trip to the front door, usually through a double set of doors.  I slowed down between the inside and outside doors so I had a chance to check out the parking lot before I exited, AND to see who is coming out behind me.  Upon exiting the outer doors I did a quick sweep of the parking lot and the front of the building with eyes and ears.  I wanted to see the cart wranglers, the incoming shoppers, the exiting shoppers, and get a quick look at the vehicles.  This is done within 1-2 steps from the door.  Then, a quick hesitation to check my 6 and a slightly slower and more comprehensive sweep of the cars.

This constant sweep of the area continued all the way to my car, looking ahead, to the sides, and behind me.  At the car, another 360 degree sweep before inserting the key, which I had made ready by feel.  Put an item or sack in the car, quick sweep the lot, put another item in the car, quick sweep, lather, rinse, repeat until car is loaded.  Then run the cart to the corral, continually using both eyes and ears to evaluate the parking lot.  Same procedure on the way back to the car.

Enter car, quick sweep while locking door and putting key in ignition, and off I go home, continuing to observe as much as I can around me.

Does this sound exhausting?  Nope, it isn’t.  The mistake most people make also makes them look like an easy mark:  Swiveling the head with staring eyes wide open.  Practice moving your eyes more than your head, but don’t neglect looking at something that requires head movement.  Practice using peripheral vision.  I don’t know why I suddenly became aware of my normal habits, but I did and began to think about what I was doing and how I might pass along to others what I have taught myself to do constantly.  Remember, Condition Yellow is a state of RELAXED awareness.  The more you practice situational awareness, the more natural and relaxed it becomes.  But, I think like my experience tonight, it is good to step back and observe yourself observing your surroundings and make sure your relaxed awareness has not become nothing more than a lazy thinking that you are aware.  Stay alert.  Stay safe.

Oh, yeah.  Marine General James Mattis wasn’t really shopping with me, but I was thinking of him and trying hard to have his mindset:  ‘Be polite, be professional, but have a plan to kill everyone you meet.’