Qualified Immunity knocking on US Supreme Court’s back door!

Five years ago, a Vietnam Vet named Jose’ Oliva was assaulted by VA security officers at a hospital in El Paso. Video and witness testimony show clearly the guard assaulted him unprovoked.

Supposedly, this case will be heard in the Supreme Court very soon, if they can’t find a way out of “hearing” it.

[Maybe, they will decide Jose’ doesn’t have “standing” as a citizen?]

This article is worth a full reading for those interested in how the court system gets bogged down on legalities and forgets to use common sense.



https://chicago.suntimes.com/columnists/2021/5/11/22430899/jese-oliva-veterans-administration-fourth-amendment-supreme-court-jacob-sullum


The three federal police officers who brutally assaulted Vietnam veteran José Oliva at a Veterans Administration hospital in El Paso five years ago later claimed he tried to enter the building “without clearing security.” But video of the incident shows that Oliva did nothing to justify the officers’ violence, which caused shoulder injuries requiring two surgeries and left him with “persistent ear and throat issues.”

In a case the Supreme Court is expected to consider for review next week, Oliva argues that he should be able to sue V.A. Officers Mario Nivar, Hector Barahona and Mario Garcia for violating his Fourth Amendment rights. At stake is the question of whether the Court should tolerate what 5th Circuit Judge Don Willett calls a “Constitution-free zone” where citizens can be “brutalized — even killed — by rogue federal officers” with “impunity.”


The video below explains why this case is so very important (and timely) and contains a link to the Institute of Justice, which is hosting a fundraiser for this very important precedent setting case: Where can a victim of unconstitutional and even criminal conduct by a federal police officer expect to find a judicial forum for a “redress of grievances.”?

Where does Jose’ Oliva get justice if SCOTUS refuses to hear the case? 

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31 Comments
TN Patriot
TN Patriot
  Ghost
May 16, 2021 9:18 am

SCOTUS answers to nobody and can do whatever they want. Roberts still has control, but I sense the more conservative justices are beginning to see that he is compromised. Thomas is rock solid and if he can persuade the 3 Trump appointees to stand on principal and follow the actual words of the Constitution, he can take over the court from the quisling Roberts.

👻 (ghost)
👻 (ghost)
  TN Patriot
May 16, 2021 9:35 am

One hopes it is so.

August
August
  TN Patriot
May 16, 2021 10:39 am

Poor “Justice” Roberts – a felony conviction would besmirch his Legacy.

TN Patriot
TN Patriot
  August
May 16, 2021 2:28 pm

He has a better chance of finding justice at the end of the rope by the people than he does being prosecuted for ANY crime.

mark
mark
  Ghost
May 16, 2021 12:55 pm

I can not find the words to express my rage.

Old Toad of Green Acres
Old Toad of Green Acres
May 16, 2021 9:10 am

Duh, how did the sCoTus ignore the non-election?
Future is looking bright.

August
August
  Old Toad of Green Acres
May 16, 2021 10:43 am

True. Just never look directly at the Flash.

Stucky
Stucky
May 16, 2021 10:51 am

If I were in charge of shit — I’m not and never will be — I would put into law that a Copfuk who lies on their Incident Report, or in Court under oath, be FIRED immediately.

Coalclinker
Coalclinker
  Stucky
May 16, 2021 11:20 am

Instead of firing them like you advocate, here is what I propose: Every court room should have a sand pit built in the floor off to the side, a piece of rope, and access to a flatbed truck behind the building. The pit is for catching the blood resulting from their execution immediately upon being judged guilty; the rope for dragging them out of the court room, and the truck will be in the alley upon which their corpse will be thrown and quickly hauled off to some unmarked grave.

Stucky
Stucky
  Coalclinker
May 16, 2021 12:33 pm

Dahum! That’s creative!! Me likey … +100.

Coalclinker
Coalclinker
  Stucky
May 16, 2021 11:22 am

Anyone who posts gay Spongebob cartoon twitter bullshit memes on this website is gay.

falconflight
falconflight
  Coalclinker
May 16, 2021 12:36 pm

Is a tranny.

Fatman from Oz
Fatman from Oz
  Stucky
May 16, 2021 1:30 pm

How about financially penalised to the tune of what it cost the victim, with no bankruptcy provisions available, ie the perpetrator pays until it is paid in full with interest or the perpetrator’s death.
The sting in the back pocket is always the most painful.

gilberts
gilberts
  Stucky
May 16, 2021 1:52 pm

Dang, Clammy. You’re not even good at trolling. Got any Yo’ Momma jokes while you’re at it?

gilberts
gilberts
  gilberts
May 16, 2021 2:13 pm

?

gilberts
gilberts
  gilberts
May 16, 2021 2:29 pm

?

Coalclinker
Coalclinker
May 16, 2021 11:13 am

There are actually people who still think the Jewdicial System of America means something. They had better wake up and see that we are collapsing just like the Soviet Union did. I guarantee when the day comes that it is all done and over with, there will be millions who will be crying about how they never saw it coming.

mark
mark
  Coalclinker
May 16, 2021 12:54 pm

Yea…but those millions will already be double jabbed, still masked, and pushing one another out of the way for their current booster poison shot.

The term useless eater may actually be a fit.

fujigm
fujigm
  mark
May 16, 2021 1:34 pm

I used to see the tregedy in mass graves. As I’ve aged, I now see the utility of them. Especially those dug by their occupants.

falconflight
falconflight
May 16, 2021 12:58 pm

And still, we don’t know who murdered Ashli Babbitt

gilberts
gilberts
May 16, 2021 1:47 pm

I think I’m safe in assuming most of us went through an American education system that taught us to be in awe of and profoundly thankful for a system of checks and balances and an independent judiciary topped with a Supreme Court forever ready to protect our liberties from legislative and executive branches that aren’t perfect, but doggone it, still work hard to serve us.
And I think I’m safe in assuming most of us have since grown up and learned that’s a load of baloney.

But the one thing most people don’t seem to be willing to do is abandon their hope in the Supreme Court protecting them from tyranny.

I gave up hope long ago. I call it the Taco Supreme Court. And those 9 (as of now…) black-robed vultures staffing it I call Injustices, lead by the Thief Injustice, who these days seems to inexplicably toss the court to the communists at every turn.

My biggest problem with the Taco Supreme Court is it is not a check on unconstitutional government, but more of a gamble. For a 50/50 flip of the coin, you get to wager your liberties, whatever the Constipation may say they are, on 9 (as of now…) old, distant, senile people’s petty personal politics, ignorance of the modern world, and personal avarice. When they get it right, we breathe a sigh of relief. When they get it wrong, we just have to suck it up-It can never be changed: Abortion is an inarguable unlimited right. Corporations are people. Obamacare fines are taxes. Florida must stop recounting Bush v Gore ballots. Blacks are only 1/5th human. Segregation is OK. Japanese can be put in concentration camps. Government can condemn your land and steal it. Courts can invent law. Gay marriage is a right. States can’t limit businesses from campaign spending. Prosecutors who conceal evidence supporting the defendant can’t be prosecuted.

Betting your liberty that a majority of the Injustices will agree with you seems like a recipe for disaster, especially if you have a court full of “activist” (communist) Injustices who believe they have the power to invent laws from scratch. I wonder what they’re offered behind the scenes? The sudden demise of Antonin Scalia on vacation with a creepy secret club of wannabe royalty makes you wonder if they get their own offer of Lead or Silver. So does the strange celebrity cult of personality the left created around Ruth Bader Ginsburg in the last years of her life.

gilberts
gilberts
  gilberts
May 16, 2021 1:50 pm

Oh, and assuming the video is true and the plaintiff didn’t have a weapon, or something, those cops deserve federal pound-me-in-the-ass prison time. It’s ridiculous it takes 5 years to solve this. Plaintiff will be dead before he sees a resolution at this rate.

TN Patriot
TN Patriot
  Ghost
May 16, 2021 2:37 pm

As you posted, if they do not grant Cirtiori, there are no comments and nobody knows who is against hearing the case. It does sound like a case the wise latina would support

i forget
i forget
May 16, 2021 6:53 pm

Precedent cement, the commom law concrete, poured by all too not blind fly by night contractors around the feet & ankles of those who have contracts on their heads.

Civil law, just as uncivil.

“Natural” law? Predators that invented “law” are opposed to such constraints. Magic, malleable, words are the “freedom” buffet.

Cuius est solum, eius est usque ad coelum et ad inferos…whoever’s is the soil, it is theirs all the way to Heaven & all the way to Hell.

And would were that column of ownership be satellite to each self-owned individual. But a lotta’ Samsonesques prefer Delilah to that justice chick & so will instead pull the columns down on top of themselves, every time.

TheAssegai
TheAssegai
May 16, 2021 7:31 pm

If we get past the issue of the personality types being hired, and the fact that some are being trained in Israel, there are really three factors that provide cops with the ability to do what they do.

1. Qualified Immunity
2. Cop Unions
3. ‘Officer’ Safety

https://www.activistpost.com/2021/05/cops-knew-suspect-was-not-in-home-when-they-destroyed-it-force-family-to-pay-for-it-anyway.html

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