Republicans in the Tennessee General Assembly passed the bill into law in August with Gov. Bill Lee’s signature. They said in an emailed press release that Tennessee needs the law, especially after violence erupted during protests in downtown Nashville in May.
Friday, November 06, 2020
New Tennessee Law Goes After Local Officials Who Hinder Police During Violent Protests
A new Tennessee law holds local government officials legally liable if they prohibit law enforcement or fire and rescue services from doing their jobs, enforcing Tennessee’s laws, or protecting citizens during public demonstrations.
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That might be a clever end-run around DeShaney vs. Winnebago and Castle Rock vs. Gonzales.
ReplyDeleteMight.
Well it’s not and end run. The two cases that you cited merely state that a person does not have a Constitutional right to governmental action, whether it be social services intervention, in the first case, or police protection in the second. If a state passes a law that says that that people are entitled to such protection, they still don’t have a Constitutional right, but they do have that right under the state statute. This law removes immunity from government officials, so for example, the mayor tells the police to do nothing to stop looters and rioters, victims could sue the mayor. Or in a Gonzales situation, if someone directed the officers not to get involved with enforcement of a restraining order, he would be liable under the law, butnot for violating rights secured by the Constitution.
DeleteBut, if the government were negligent, grossly negligent, or reckless, or anything short of intentional, the law would probably not apply.
I can't believe they made another new law. How many laws did they already ignore? Hang the treasonous imbacels for obstruction of justice.
ReplyDeleteBut even with a "Republican" supermajority, they haven't been able to get Constitutional Carry out of committee for twelve years. (And every fucking time it's been killed by a "Republican".)
DeleteWhy would you even need a law like this? I know that only complete bellends want to be in charge of government posts of any kind, but how big of one do you have to be to want to prevent the emergency services from doing their jobs. Too right they should be liable.
ReplyDeleteThere have been numerous incidents of local mayors or city councils telling local police to stand down in the face of violent protests here in the US. Portland, Seattle, LA, Chicago, etc.
DeleteOne order of tar and feathers, oh don’t forget the rail for their ride out of town!
ReplyDeleteWhat's that for?
ReplyDeleteThe left's protests are all peaceful.