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Old November 22, 2021, 10:02 AM   #67
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 4,204
Quote:
Originally Posted by ghbucky
It is a doctrine that grants immunity to violations of our constitutional rights. The only way to rectify that is through legislation.

My purpose here is to convince YOU that it needs to happen.
Citing a dissent about qualified immunity in 1983 actions isn't likely to do that.

Where the state is a sovereign and I am not, liability found for my agents and me will always be without my consent, and any liability found for the sovereign and its agents will only be with its consent.

Quote:
If by affording me the same protection as police that if I hit a bystander will cause me to be less judicious in my use of force, then the immunity afforded to police has encouraged them to ignore public safety and leads to incidents such as I linked previously of the NYPD shooting 9 bystanders while shooting at 1 suspect.
Emphasis added. I don't think anyone in this thread doubts that. If you believe that, then you also accept the reasoning of public policy that holds valid self-defenders liable for injuries they cause to third parties.

As to the issue of tort reform, would you agree that the WI code noted by Zeke gets us very far toward a viable curb on civil actions by criminals against self-defenders?

https://law.justia.com/codes/wiscons...ection-895.62/
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