The legislation would create a cause of action in state court for individuals to sue police officers who, under the color of law, deprive them of an individual right secured by the Maryland Declaration of Rights or the Maryland constitution.
The post Maryland Bill Would Create State Process to End Qualified Immunity first appeared on Tenth Amendment Center.
Under the proposed law, “A person or public entity acting under color of law who subjects or causes to be subjected any other person to the deprivation of any rights, privileges, or immunities secured by the federal or state Constitution or laws, is liable to the injured party for legal or equitable relief or any other appropriate relief.”
The post New York Bill Would Create State Process to Limit Qualified Immunity first appeared on Tenth Amendment Center.
OLYMPIA, Wash. (Dec. 13, 2022) – A bill filed in the Washington state House would create a process to sue police officers in state court for using excessive force or taking other actions that violate individual rights without the possibility of “qualified immunity” as a defense. On Dec. 9, Rep. My-Linh Thai (D) filed House […]
The post Washington State Bill Would Create State Process to End Police Qualified Immunity first appeared on Tenth Amendment Center.
Damon Root at Reason.com thinks the recent Dobbs decision is an "insult to the 9th Amendment."
His position is based on two faulty premises
The post An Insult to the 9th Amendment? first appeared on Tenth Amendment Center.
I recently appeared on It's Too Late with Alan Mosley to discuss the recent Supreme Court decisions.
The post A Tale of Two Courts first appeared on Tenth Amendment Center.
Incorporation - the legal doctrine whereby the Supreme Court applies the Bill of Rights to the states, was not part of the original, legal meaning of the Constitution. Instead, it arose out of the 14th Amendment, and the court first started applying it “selectively” in 1925.
The post Incorporation: Applying the Bill of Rights to the States first appeared on Tenth Amendment Center.
In other words, an agency investigating itself is sufficient protection of individual rights.
The post Supreme Court Makes It Even Harder to Sue Abusive Federal Agents first appeared on Tenth Amendment Center.If you want to know more about the historically fallacious and tangibly destructive Incorporation Doctrine, look no further.
Did you know the location of tattoo parlors in Long Beach, California is a federal matter? Yup. It sure is. The city was forced to alter its zoning laws for tattoo shops after a guy named James Real sued the city asserting that restrictions on tattoo businesses violated his First Amendment right to free speech.…
by Ryan McMaken, Mises Institute The GOP-controlled House of Representatives is set to further federalize gun laws and gun regulations. They’re doing it, though, under the guise of what sounds like a harmless bill designed to guarantee property rights: The House is poised to pass a bill that allows concealed carry permit holders from one state…