If you’re out in public, minding your own business and breaking no law, you shouldn’t have to fear being arrested, handcuffed, and tossed into a squad car.
But if you are so treated, can you sue the officer for damages? That is the substance of an Ohio case recently decided by the Sixth Circuit, where a man had been arrested for legally carrying a gun. The court’s ruling in favor of the plaintiff is good news not just for gun owners, but all other Americans who might now be spared arrest, humiliation, or worse.
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This is without a doubt a "one of" event. Only this officer in this case has had qualified immunity withdrawn by a specific decision. Until the practice has been banned completely the abuses will continue. Less than one time in a thousand will you see a judge rule an officer to be personally liable in civil actions. It's a good thing but in the grand scheme it changes very little.....but can be quote as precedent in future lawsuits.
ReplyDeletecan be quote as precedent in future lawsuits.
DeleteAbsolutely.