Monday, July 8, 2013

So a Nine Year Old Girl Got Handcuffed for Not Performing Jumping Jacks Correctly in P.E. Class -- Welcome to Alabama!



But because it's such an "obvious violation" of the child's Fourth Amendment rights the 11th Circuit reversed the district court and found that no public purpose was served and therefore no attorney's fees were appropriate for the lengthy litigation (including trial) necessary to vindicate that right:
The majority opinion emphasizes that Bostic’s handcuffing of Gray was an “obvious violation of Gray’s Fourth Amendment rights.” Id. at 18 (emphasis in original) (internal quotation marks omitted).  Because it was an “obvious violation,” says the majority opinion, Gray’s litigation could not possibly be significant, because she did not “change the law.” Id. at 18–19. By this logic, any future decision by this court that denies qualified immunity to a government actor will be deemed insignificant, because every denial of qualified immunity stems from “obvious” constitutional violations.
There's no crying in P.E. class!

16 comments:

Anonymous said...

the eleventh circuit has now officially lost their collective minds.

Anonymous said...

Notable is that the opinion is written by a district judge sitting by designation joined by a checked-out senior circuit judge. For the sake of confidence in the Eleventh Circuit, the full court should rehear the case -- especially this case, given its importance -- knowing that it may ultimately come to the same conclusion.

Anonymous said...

it's obvious everyone hates plaintiff's lawyers so why don't we just outlaw them already?

Anonymous said...

Let's see, it was such an obvious case that it took two appeals just to get to the jury and a third to determine if fees were awardable. On a fourth appeal, the Eleventh circuit then reverses fees. All this to vindicate a constitutional right. Do I hear any more lawyers signing up to protect the little girls of this world in the future? No--go ahead and take them away.

Anonymous said...

Disgraceful. Wilson as usual shows sense.
Problem with en banc rehearing is most judges on the 11th would agree with majority. Hell Carnes and Tjoflat would probably find some way to make the prevailing plaintiff pay fees.

Fake Bard said...

"First off, let's kill the economic livelihood of the plaintiff lawyers!"

Anonymous said...

the eleventh circuit apparently needs a refresher course on "abuse of discretion standard" the district judge properly cut the amount of fees requested given the negligible damages, which is what the trial judge should do. But to take the whole issue away from the trial judge and order, on de novo review, that all fees be vacated is indefensible (unless of course you are a result-oriented judge, which is what we have been told is not what judges should be doing)

Godwhacker said...

I spent the week with conservatives. Lovely people. Excellent wine selections. But Jesus Christ, they're politically retarded.

Anonymous said...

agree completely with 2:18. it is blazingly obvious to anyone paying attention that conservatives have no interest in maintaining an adversarial legal system -- what they want is a society where those with power abuse those without power at will with no legal recourse. absolutely disgusting.

I time travel for fun said...

Here are the details of my trip. I left around 3pm July 3, 2013 and entered the worm hole to get back to December 16, 1978.
As will be seen- I had to do this a few times. On my first trip back I went a little bit nuts. Checked in at the fountain bleu. Trolled the pool. Met a young woman on vacation enrolled at the Wharton School of Business. Took her to dinner, got drunk, started to brag, and told her I could make her a billionaire with two words. Eventually I spilled the beans without telling her how I knew- but those two words were Apple and Microsoft. The next two days I hung around Miami Beach and didn't get into too much trouble, meaning I avoided messing with the past. Then, as before, I went to the MNF game at the Orange Bowl- Patriots visiting. But I went to the cruddy bar across the street- Called the Bowl Bar back then, and met a bookie and placed a 1K bet on the dolphins, who pounded the Pats 23-3. Basically I made some prop bets I knew would come true (this being my fourth time at this game) and collected three K. WHich was great because now I had over 7K in 1978 dollars. I re-entered the worm hole at the vacant lot in Hialeah on Tuesday afternoon and arrived at July 2, 2013. UHHO! Circular Time Trap. This has happened before. Basically now I have to re-live July 2, 2013 and not matter what I do I have to re-enter the worm hole the next day at the exact time. If I try and avoid it I get physically pushed to it. So I went back and did it all again exactly as I did before and when I came back...July 2 again! Now I was frantic that I would have to re-live these two days over and over again. So this time I only stayed overnight, didn't meet the Wharton girl or go to the game and avoided contact with anyone and when I returned....It was this past weekend. Wheew. No more time circle. And this is what I think- the more I mess with the past the less likely the Universe is to let my changes stick. At some tipping point I have messed the past (and thus the future_ up too much and get into a time circle where the only way out is to go back, relive the days where I messed up the past and now behave and not mess the past. Then I am allowed to return to current time.

So the lesson I am learning is this- I am allowed to time travel to one day and live in the past as long as I wish so long as I do not mess things that create a different future (like a super rich girl). If I go as an observer and don't interact the Universe leaves me be.
Also- this side effect- I return exhausted and once I am back I need to sleep for 12-24 hours to recuperate.
OK- questions anyone?

Anonymous said...

I'll have what he's having.

Anonymous said...

You are DA MAN time traveler. Those Warton chicks can be wild once you remove the glasses, get their hair down and give em a few shots of tequilla.

Anonymous said...

@9:50 I have a question. replay? grimwood?

Godwhacker said...

I tell people all the time that I am a Klingon-Vulcan hybrid that only appears human. Agean discos are my thing, and this goes over just as well as that time travel stuff!

Brian REED said...

Is this for real??? I have been working with a Canadian law firm for quite some time now. Never ever heard something this appalling.

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