4 ms·

The key question is "What will SCOTUS Do?" There have been numerous cases where Civil Asset Forfeiture has been overturned, but only AFTER the wronged party su

by mikece 3y ago

The key question is "What will SCOTUS Do?" There have been numerous cases where Civil Asset Forfeiture has been overturned, but only AFTER the wronged party sued for actual and punitive damages. I wish the law required that LEOs who steal people's stuff to be automatically criminally charged for theft upon the overturn of civil asset forfeiture (along with treble damages awarded to the wronged party)... but that would make sense so it's likely not going to happen.

phkahler 3y ago
>> I wish the law required that LEOs who steal people's stuff to be automatically criminally charged for theft upon the overturn of civil asset forfeiture At that point the defense would be Qualified Immunity.
- wnoise 3y ago
  Qualified immunity only applies to civil suits.
  - hedora 3y ago
    You're giving SCOTUS too much credit.
- readthenotes1 3y ago
  Another practice that would have the founders of the USA up in arms ...
- lesuorac 3y ago
  Well, either the courts will circle the wagon or thats going to be backfiring soon. People have started to try to apply Eminent Domain to the Qualified Immunity defense [1]. They're not disputing that you are a LEO acting in official government capacity but Eminent Domain requires that you compensate a private party for use of their stuff. https://www.wfaa.com/article/news/local/investigates/police-did-tens-thousands-dollars-damage-mckinney-womans-house-she-got-them-pay-eminent-domain/287-89f20e5b-84a1-47f0-9251-02eade1f99d3 https://www.wfaa.com/article/news/local/investigates/police-...
  - buzer 3y ago
    The case was appealed to 5th Circuit and there was oral argument on 6th of June https://www.courtlistener.com/audio/87002/baker-v-city-of-mckinney/ https://www.courtlistener.com/audio/87002/baker-v-city-of-mc.... If I understand things correctly that should mean that the judgement should be out by end of next week? Note: IANAL, I'm a complete layperson. From what I could understand it sounds like 4 other district courts have ruled (around 31:30) on similar issues by siding that Eminent Domain does not apply on police actions while 4th has apparently ruled differently (I do not know which case they are referring to) & there were some arguments that earlier John Corp case from 5th Circuit (I believe https://casetext.com/case/john-corp-v-city-of-houston https://casetext.com/case/john-corp-v-city-of-houston) already split the district courts. To me it did sound like judges were taking the city side more though they did also ask for what kind of test should be implemented if they did rule in favor of Bakers. Hopefully they do end up affirming the lower court decision but let's see.

by mikece 3y ago

phkahler 3y ago

>> I wish the law required that LEOs who steal people's stuff to be automatically criminally charged for theft upon the overturn of civil asset forfeiture At that point the defense would be Qualified Immunity.

wnoise 3y ago
Qualified immunity only applies to civil suits.
- hedora 3y ago
  You're giving SCOTUS too much credit.
readthenotes1 3y ago
Another practice that would have the founders of the USA up in arms ...
lesuorac 3y ago
Well, either the courts will circle the wagon or thats going to be backfiring soon. People have started to try to apply Eminent Domain to the Qualified Immunity defense [1]. They're not disputing that you are a LEO acting in official government capacity but Eminent Domain requires that you compensate a private party for use of their stuff. https://www.wfaa.com/article/news/local/investigates/police-did-tens-thousands-dollars-damage-mckinney-womans-house-she-got-them-pay-eminent-domain/287-89f20e5b-84a1-47f0-9251-02eade1f99d3 https://www.wfaa.com/article/news/local/investigates/police-...
- buzer 3y ago
  The case was appealed to 5th Circuit and there was oral argument on 6th of June https://www.courtlistener.com/audio/87002/baker-v-city-of-mckinney/ https://www.courtlistener.com/audio/87002/baker-v-city-of-mc.... If I understand things correctly that should mean that the judgement should be out by end of next week? Note: IANAL, I'm a complete layperson. From what I could understand it sounds like 4 other district courts have ruled (around 31:30) on similar issues by siding that Eminent Domain does not apply on police actions while 4th has apparently ruled differently (I do not know which case they are referring to) & there were some arguments that earlier John Corp case from 5th Circuit (I believe https://casetext.com/case/john-corp-v-city-of-houston https://casetext.com/case/john-corp-v-city-of-houston) already split the district courts. To me it did sound like judges were taking the city side more though they did also ask for what kind of test should be implemented if they did rule in favor of Bakers. Hopefully they do end up affirming the lower court decision but let's see.