4 ms·
An interesting point that this article does not mention, but which can be found in other articles [2] or the order [2]: The judge issuing the order specificall
by mcherm 6y ago
An interesting point that this article does not mention, but which can be found in other articles [2] or the order [2]:
The judge issuing the order specifically stated that this court has reviewed and ruled on the the order so it is clearly established that it is legal and thus qualified immunity does not apply.
I had not previously seen that technique for (potentially?) avoiding qualified immunity.
[1] https://www.oregonlive.com/portland/2020/07/judge-inclined-to-restrain-federal-law-enforcement-from-using-force-threats-dispersal-orders-against-journalists-legal-observers.html https://www.oregonlive.com/portland/2020/07/judge-inclined-t...
[2] https://aclu-or.org/sites/default/files/field_documents/aclu_tro_against_federal_defendants.pdf https://aclu-or.org/sites/default/files/field_documents/aclu...
- drtillberg 6y agoSimilar function to a consent judgment[1]. Remedies can include citation for contempt, continuing supervision . [1] https://www.lexisnexis.com/lexis-practice-advisor/the-journal/b/lpa/posts/enforcing-settlements-and-consent-decrees https://www.lexisnexis.com/lexis-practice-advisor/the-journa...