4 ms·
As an American I'm very confused why clear constitutional violations don't warrant any repercussions on the perpetrating individuals. So I work for a company t
by ngngngng 7y ago
As an American I'm very confused why clear constitutional violations don't warrant any repercussions on the perpetrating individuals.
So I work for a company that deals with medical data, if I violate HIPAA, I don't get to just keep doing it until a federal court says stop and then walk away as if nothing happened. I'm personally held responsible for those violations. Not just my company, me.
Why aren't each of these agents that obviously and egregiously violated the constitution subject to imprisonment or fines for each violation?
- 1123581321 7y agoThe Constitution does not specify punishments for violating it. Congress could pass legislation specifying punishments in accordance with this ruling, but it would not be retroactive.
- wnoise 7y agoThey did: 42 USC 1983. ( https://www.law.cornell.edu/uscode/text/42/1983 https://www.law.cornell.edu/uscode/text/42/1983 ). It technically only applies to actions by state by state (or local) officials, not federal, though SCOTUS created an equivalent for federal actions known as Bivens ( https://en.wikipedia.org/wiki/Bivens_v._Six_Unknown_Named_Agents https://en.wikipedia.org/wiki/Bivens_v._Six_Unknown_Named_Ag... ). However, SCOTUS has also limited both with the doctrine of qualified immunity. ( https://en.wikipedia.org/wiki/Qualified_immunity https://en.wikipedia.org/wiki/Qualified_immunity )
- 1123581321 7y agoInteresting. Thank you.