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What about ending the presumption of immunity? It was an uphill battle in this case to strip the judge's immunity. Almost certainly this judge abused individua
by nwiswell 3y ago
What about ending the presumption of immunity? It was an uphill battle in this case to strip the judge's immunity.
Almost certainly this judge abused individuals who did not have the resources to defend their rights. Perhaps the burden of proof should not be so onerous.
Maybe the solution is that the employer (in this case the WV judiciary) has the option to accept liability. If they do so, immunity is presumed. If the employer rejects the liability, then the individual must prove that they are entitled to immunity.
Obviously there's a financial incentive for an employer to deny liability, but doing so would be extremely unpopular with employees. So presumably they would be judicious depending on the circumstances.
- MichaelZuo 3y agoWhy would that be any better then the current system already in place, after factoring in all upsides and downsides?