2 ms·
They chose not to do so. And the courts are no help, because generally speaking, you can't sue the government unless there's a specific law allowing you to do s
by wl 6mo ago
They chose not to do so. And the courts are no help, because generally speaking, you can't sue the government unless there's a specific law allowing you to do so (sovereign immunity). The police as individuals are generally immune from civil suits unless they violated some clearly established right (qualified immunity).
- delfinom 6mo agoEh? This falls under tort law for damages caused by the government.
- wl 6mo agoThe laws that provide a right of action against the government generally don’t cover damages caused by police in the lawful exercise of their duties. So yeah, sovereign immunity.
- wnoise 6mo agoEven though you would think that'd be a taking for public use.
- wl 6mo agoPerhaps it should be, but the courts have not agreed. See Pena v. Los Angeles for an example of an appellate case that rejected this argument. It found that a "police power" exception to the takings clause applies in such cases.