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Guy (OC) carries i TN ak pistol gets detailed 2009
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<blockquote data-quote="Billybob" data-source="post: 1972869" data-attributes="member: 1294"><p>I concede to your points about the link posted and differences in types of immunity.</p><p>But the fact remains that the idea of sovereign immunity originates from the maxim that "the king can do no wrong" and the extension of that making British officials in the colonies immune was one of the causes of the revolution, that was my point about code enforcement officers getting immunity. </p><p></p><p>Here are a couple of articles that might better reflect some of the issues of immunity.</p><p></p><p>Against Sovereign Immunity</p><p></p><p><a href="http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1685&context=faculty_scholarship" target="_blank">http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1685&context=faculty_scholarship</a></p><p></p><p>RESOLVING THE QUALIFIED IMMUNITY DILEMMA: CONSTITUTIONAL TORT</p><p>CLAIMS FOR NOMINAL DAMAGES</p><p></p><p>[Scholars have criticized the Court’s qualified immunity decision in</p><p>Pearson v. Callahan on the ground that it may lead to stagnation in the judicial</p><p>elaboration of constitutional norms. Under current law, officers sued in their</p><p>personal capacity for constitutional torts enjoy qualified immunity from liability</p><p>unless the plaintiff can persuade the court that the conduct in question violated</p><p>clearly established law. Pearson permits the lower courts to dismiss on the basis</p><p>of legal uncertainty; it no longer requires the courts to address the merits of the</p><p>constitutional question.]</p><p></p><p><a href="http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1012&context=facultyworkingpapers" target="_blank">http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1012&context=facultyworkingpapers</a></p></blockquote><p></p>
[QUOTE="Billybob, post: 1972869, member: 1294"] I concede to your points about the link posted and differences in types of immunity. But the fact remains that the idea of sovereign immunity originates from the maxim that "the king can do no wrong" and the extension of that making British officials in the colonies immune was one of the causes of the revolution, that was my point about code enforcement officers getting immunity. Here are a couple of articles that might better reflect some of the issues of immunity. Against Sovereign Immunity [url]http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1685&context=faculty_scholarship[/url] RESOLVING THE QUALIFIED IMMUNITY DILEMMA: CONSTITUTIONAL TORT CLAIMS FOR NOMINAL DAMAGES [Scholars have criticized the Court’s qualified immunity decision in Pearson v. Callahan on the ground that it may lead to stagnation in the judicial elaboration of constitutional norms. Under current law, officers sued in their personal capacity for constitutional torts enjoy qualified immunity from liability unless the plaintiff can persuade the court that the conduct in question violated clearly established law. Pearson permits the lower courts to dismiss on the basis of legal uncertainty; it no longer requires the courts to address the merits of the constitutional question.] [url]http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1012&context=facultyworkingpapers[/url] [/QUOTE]
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