Comment by UncleMeat
10 days ago
Can you show me how specifically you fight it in court when the person abusing you is a federal officer? Bivens is basically dead.
10 days ago
Can you show me how specifically you fight it in court when the person abusing you is a federal officer? Bivens is basically dead.
Well, you can see the alternative. Get shot in the street and get a lot of twitter posts.
If the claim is that you can fight it in court then I want to know how you'd do that. Because from where I sit there are mountains of procedural barriers to actually doing this. A lot of people assume that you can just get some remedy in court, but this is often not true.
When an ICE agent shot and killed a kid their Bivens claim was still denied.
"Just go to court to solve it is not serious.
...many people get off because of police procedure problems.
I see it constantly in my courtroom youtube feeds. Judge: "And what was the probable cause?"
Prosecutor: "(some bullshit that's not legit PC)"
Judge: ::incredulous look:: "Mr. Criminal, I'm going to dismiss this case based on lack of probable cause. I suggest you take this opportunity to fix your problems and stay out of my courtroom...blah blah blah"
The smaller the crime (like obstruction, not exactly murder or anything), the more likely it works. I think because police often use small crimes as retaliation.
There's no mountain-sized barrier, you just have your attorney bring up probable cause with the judge.
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