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Pepper spray jury rules against Nichols

sawyerloggingon said:
Pepper spray is minimum force. What did you want the cops to do, buy her dinner?
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So you're saying that the police have no better way of removing this rather petite girl than striking her in the throat with a baton and aiming pepper spray directly into her mouth as she gasps for breath?
 
TurtleDude said:
I think there is normally no way to force a prosecutor to indict someone. In some cases its due to what is called discretionary acts functions. IN other its either complete immunity or qualified immunity
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You can always try. Most government employees have some form of immunity, but the writ still exists. I have known of a few instances where I have seen a Judge do some pretty suspect things that were not well-supported in law because the Judge did not like the facts. That said, as a practical matter, in my area if it involves the local police and the performance of their duties it almost always involves bringing in an independent prosecutor from another part of the state, using state police or SBI investigators, and a Judge who normally sits in a different city or county to oversee the grand jury process and any ensuing case so there is no question whatsoever about the integrity of the legal process. The police always still get away with some pretty questionable things because of their own qualified immunity.
 
Fisher said:
You can always try. Most government employees have some form of immunity, but the writ still exists. I have known of a few instances where I have seen a Judge do some pretty suspect things that were not well-supported in law because the Judge did not like the facts. That said, as a practical matter, in my area if it involves the local police and the performance of their duties it almost always involves bringing in an independent prosecutor from another part of the state, using state police or SBI investigators, and a Judge who normally sits in a different city or county to oversee the grand jury process and any ensuing case so there is no question whatsoever about the integrity of the legal process. The police always still get away with some pretty questionable things because of their own qualified immunity.
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generally mandamus only will work if the action is non discretionary. If its discretionary, you cannot prevail
 
Lord of Planar said:
This had nothing to do because they were protesting. It's because they were violating other people's right.

Why is it that those who cry rights are violated, support protesters to violate other people's rights?
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Any protest is violating other people's rights... it is so easy for the police to go out and say you are breaking the law with your protest, which is exactly what the police do.
 
Lord of Planar said:
I disagree.

How would you control the situation? Would you allow them to continue to violate other people's rights?

What if they were violating your rights?
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what kind of rights ?
 
PeteEU said:
Any protest is violating other people's rights... it is so easy for the police to go out and say you are breaking the law with your protest, which is exactly what the police do.
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Medusa said:
what kind of rights ?
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My God.

I give up.

I cannot believe people like you support those who violate other people's freedom of movement.

I'm unsubscribing to this thread.
 
Lord of Planar said:
My God.

I give up.

I cannot believe people like you support those who violate other people's freedom of movement.

I'm unsubscribing to this thread.
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if they are attacked by pepper sprays because they want to use their right to protest something that disturbes them , it means there isnt already much freedom.....
 
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