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AngryCommieKender, to cat in Pic of a cat with Ukrainian soldier

The only stupidity here is that you are spreading ruzzian propaganda, and being a hypocrite.

Why do you hate the animals?

AngryCommieKender, to cat in Pic of a cat with Ukrainian soldier

It can be viewed as propoganda, just as your idiotic blithering defending the ruzzian orcs is definitely propaganda. The difference is that the kitty picture is “good” propaganda, that will help end the war and stop harming anumals. Your shilling is causing harm to other animals.

Why don’t you get on the animal’s side and stop helping the ruzzian orcs harm them?

AngryCommieKender, to showerthoughts in The opposite of "Ladies and Gentlemen" would be "Whores and Scoundrels".

Not everyone is incredibly hairy, or a drunkard.

AngryCommieKender, to memes in "These are going to be worth a fortune some day"

Only been 24 years so far

AngryCommieKender, to nottheonion in Man accused of conning Home Depot of $300,000 by taking a bunch of doors without buying them

Corporations make up the vast amount of theft in the US with wage theft. Cops make up the second largest amount of theft with Civil Forfeiture laws. They only care if you steal from the big boy thieves.

AngryCommieKender, to news in The invisible laws that led to America’s housing crisis

Been saying for years the easy way out of this mess is that residential property may only be owned by individuals, and to prevent hoarding, add an additional 10% to the property and sales tax of each property above one. So your 2nd property costs a mere 110%, but your 11th property will be assessed at 200% of the taxes.

We would also need some enforced rent controls, so that expense isn’t passed on to the renters.

AngryCommieKender, to memes in Watching Married: With Children at age 12 vs. age 32

I can’t hear Peggy without seeing Leela anymore

AngryCommieKender, to rpgmemes in *chuckles* I'm in danger!

I played in a campaign that included a Wizard/Dwemersmith, Psionic Monk that could manifest acid fists, and a Cleric of the God of Knowledge. Funnily enough the wizard and cleric were TN so they kept irritating the monk who was NG

AngryCommieKender, to rpgmemes in Tired of simple chest mimics? Try spicing things up with these!

I ran into a thread where the wizard died to a mimic that was in a library, disguised as a book, entitled “101 ways to spot a Mimic”

AngryCommieKender, to fediverse in Lemmy is slowly getting better

Also it’s definitely not slower than Reddit. Reddit was tiny for a couple of years. I’m not certain, but I wouldn’t be surprised if we already have more users than Reddit did before the Digg/Slashdot migrations, and those took a few years.

AngryCommieKender, to asklemmy in What is a good hobby for a depressed person?
AngryCommieKender, to asklemmy in What is a good hobby for a depressed person?
AngryCommieKender, to mildlyinfuriating in Eat a tick XIAOMI...

Depends on if it has fed and swollen up and turned green…

AngryCommieKender, to privacy in Cops still take more stuff from people than burglars do

Qualified Immunity is just straight up illegal. We just need to challenge it with the proper wording of the law that the Reconstruction Congress passed in 1871.

16 Crucial Words That Went Missing From a Landmark Civil Rights Law

The phrase, seemingly deleted in error, undermines the basis for qualified immunity, the legal shield that protects police officers from suits for misconduct.

By Adam Liptak Reporting from Washington

May 15, 2023

In a routine decision in March, a unanimous three-judge panel of a federal appeals court ruled against a Texas inmate who was injured when the ceiling of the hog barn he was working in collapsed. The court, predictably, said the inmate could not overcome qualified immunity, the much-criticized legal shield that protects government officials from suits for constitutional violations.

The author of the decision, Judge Don R. Willett, then did something unusual. He issued a separate concurring opinion to draw attention to the “game-changing arguments” in a recent law review article, one that seemed to demonstrate that the Supreme Court’s entire qualified immunity jurisprudence was based on a mistake.

“Wait, what?” Judge Willett wrote, incredulous.

In 1871, after the Civil War, Congress enacted a law that allowed suits against state officials for violations of constitutional rights. But the Supreme Court has said that the law, usually called Section 1983, did not displace immunities protecting officials that existed when the law was enacted. The doctrine of qualified immunity is based on that premise.

But the premise is wrong, Alexander A. Reinert, a professor at the Benjamin N. Cardozo School of Law, wrote in the article, “Qualified Immunity’s Flawed Foundation,” published in The California Law Review.

Between 1871, when the law was enacted, and 1874, when a government official produced the first compilation of federal laws, Professor Reinert wrote, 16 words of the original law went missing. Those words, Professor Reinert wrote, showed that Congress had indeed overridden existing immunities.

“What if the Reconstruction Congress had explicitly stated — right there in the original statutory text — that it was nullifying all common-law defenses against Section 1983 actions?” Judge Willett asked. “That is, what if Congress’s literal language unequivocally negated the original interpretive premise for qualified immunity?”

The original version of the law, the one that was enacted in 1871, said state officials who subject “any person within the jurisdiction of the United States to the deprivation of any rights, privileges or immunities secured by the Constitution of the United States, shall, any such law, statute, ordinance, regulation, custom or usage of the state to the contrary notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress.”

The words in italics, for reasons lost to history, were omitted from the first compilation of federal laws in 1874, which was prepared by a government official called “the reviser of the federal statutes.”

“The reviser’s error, whether one of omission or commission, has never been corrected,” Judge Willett wrote.

The logic of the Supreme Court’s qualified immunity jurisprudence is that Congress would not have displaced existing immunities without saying so. But Professor Reinert argued that Congress did say so, in so many words.

“The omitted language confirms that the Reconstruction Congress in 1871 intended to provide a broad remedy for civil rights violations by state officials,” Professor Reinert said in an interview, noting that the law was enacted soon after the three constitutional amendments ratified after the Civil War: to outlaw slavery, insist on equal protection and guard the right to vote.

“Along with other contemporaneous evidence, including legislative history, it helps to show that Congress meant to fully enforce the Reconstruction Amendments via a powerful new cause of action,” Professor Reinert said.

Judge Willett, who was appointed by President Donald J. Trump, focused on the words of the original statute “in this text-centric judicial era when jurists profess unswerving fidelity to the words Congress chose.”

Qualified immunity, which requires plaintiffs to show that the officials had violated a constitutional right that was clearly established in a previous ruling, has been widely criticized by scholars and judges across the ideological spectrum. Justice Clarence Thomas, for instance, wrote that it does not appear to resemble the immunities available in 1871.

Professor Reinert’s article said that “is only half the story.”

“The real problem,” he wrote, “is that no qualified immunity doctrine at all should apply in Section 1983 actions, if courts stay true to the text adopted by the enacting Congress.”

Joanna Schwartz, a law professor at the University of California, Los Angeles, and the author of “Shielded: How the Police Became Untouchable,” said that “there is general agreement that the qualified immunity doctrine, as it currently operates, looks nothing like any protections that may have existed in 1871.” The new article, she said, identified “additional causes for skepticism.”

She added that “Judge Willett’s concurring opinion has brought much-needed, and well-deserved, attention to Alex Reinert’s insightful article.”

Judge Willett wrote that he and his colleagues are “middle-management circuit judges” who cannot overrule Supreme Court decisions. “Only that court,” he wrote, “can definitively grapple with Section 1983’s enacted text and decide whether it means what it says.”

Lawyers for the injured Texas inmate, Kevion Rogers, said they were weighing their options.

“The scholarship that Judge Willett unearthed in his concurrence is undoubtedly important to the arguments that civil rights litigants can make in the future,” the lawyers, Matthew J. Kita and Damon Mathias, said in a statement.

“Normally,” they added, “you cannot raise a new argument for reversal for the first time on appeal, much less at the Supreme Court of the United States. But one would think that if the Supreme Court acknowledges that it has been reciting and applying the statute incorrectly for nearly a century, there must be some remedy available to litigants whose judgments are not yet final.”

Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. @adamliptak • Facebook

A version of this article appears in print on May 16, 2023, Section A, Page 15 of the New York edition with the headline: 16 Crucial Words That Went Missing From a Landmark Civil Rights Law.

AngryCommieKender, to memes in I like a good UX

Reddit was two originally, but they had to bring in Aaron Swartz to get it working correctly. He was working on his own similar thing at the time, and was able to insert his code into their idea.

Then he did the typical Aaron Swartz thing, and got bored moved on to his next shiny project and got ousted for failure to do his job.

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