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Thread: Second NM Lawsuit Filed Over Body Cavity Searches

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    Re: Second NM Lawsuit Filed Over Body Cavity Searches

    Quote Originally Posted by AGENT J View Post
    1.) if there was a warrant/court order that could also land them in trouble

    2.) while i do support legalizing come drugs, illegal searches still need addressed.
    I'm betting that the cops put all of their marbles on the errant dogs for probable cause, and neglected that actual warrant signed by a judge.

    I'm also teetering on the possibility that the hospital jumped on the chance to make easy money, and performed the work based solely on the verbal instructions from the cops.

    Time will tell.
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    I'm kind of a big deal

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    Re: Second NM Lawsuit Filed Over Body Cavity Searches

    Quote Originally Posted by SMTA View Post
    1.)I'm betting that the cops put all of their marbles on the errant dogs for probable cause, and neglected that actual warrant signed by a judge.

    2.)I'm also teetering on the possibility that the hospital jumped on the chance to make easy money, and performed the work based solely on the verbal instructions from the cops.

    Time will tell.
    1.) very possible
    2.) or even the hospital could have been muscled in a way not knowing what they have to do and what they can refuse to do
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    Re: Second NM Lawsuit Filed Over Body Cavity Searches

    Quote Originally Posted by lawboy View Post
    No, IF anything, it was Reasonable Suspicion, and even that is pushing it.



    You can't sue a Judge for that.
    Judges can be sued.

    8.2.A.1. Judicial Immunity

    The Supreme Court held in Stump v. Sparkman that judges have absolute immunity from Section 1983 damage actions for their “judicial” acts./5/ The Court permitted liability only for acts taken “in the clear absence of all jurisdiction.”/6/ Drawing from the common-law immunity of judges, the Court held that judicial immunity protects judges even when their judicial acts:

    exceed their jurisdiction,/7/
    are done maliciously or corruptly,/8/ or
    are flawed by grave procedural error./9/

    For example, in Stump, a circuit court judge was held to be absolutely immune from suit for authorizing sterilization of a “somewhat retarded” 15-year-old girl. The girl’s mother brought the petition for sterilization because she had stayed out overnight with young men, and the mother wanted “to prevent unfortunate circumstances.”/10/ Judge Stump approved the petition the day it was filed, without notice to the child or appointment of a special guardian. The girl underwent the procedure six days later under a misinformed belief that she was having her appendix removed. She did not find out about the sterilization, or the court order, until after she married and was unable to become pregnant. The Court reasoned that, though unconstitutional, Judge Stump’s order was a judicial act. Though issued in excess of his jurisdiction, it was not issued in the clear absence of jurisdiction./11/
    8.2 Suits Against Public Officials in Their Individual Capacity | Federal Practice Manual for Legal Aid Attorneys
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    Re: Second NM Lawsuit Filed Over Body Cavity Searches

    I said "You can't sue a Judge for that", meaning issuing a SW in this case, I know about Judicial jurisdictional non Immunity.

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    Re: Second NM Lawsuit Filed Over Body Cavity Searches

    Quote Originally Posted by joko104 View Post
    I hope there is a $100,000,000 judgment against the hospital and those professionals involved.
    I read that the first settlement is in to the tune of 1.5 million dollars and quite rightly. I think it is the county that settled but lawsuits against others involved in the breaking of his civil rights are still in the works.
    Former military man (and now babysitter of Donald Trump) John Kelly, is a big loud lying empty barrel!

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    Re: Second NM Lawsuit Filed Over Body Cavity Searches

    Quote Originally Posted by Peter King View Post
    I read that the first settlement is in to the tune of 1.5 million dollars and quite rightly. I think it is the county that settled but lawsuits against others involved in the breaking of his civil rights are still in the works.
    Then don't whine about increasing health care costs as you applaud such litigation.
    Greatness lies not in being strong, but in the right use of strength - Henry Ward Beecher
    Baby sister, I was born game and I intend to go out that way - Rooster Cogburn

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    Re: Second NM Lawsuit Filed Over Body Cavity Searches

    Quote Originally Posted by SMTA View Post
    Then don't whine about increasing health care costs as you applaud such litigation.
    the quite rightly went to the fact that he was getting money from those who did him wrong, 1.5 million is way too much. But again, it was down to the civil rights violations of (among others) doctors that they are now in this expensive situation. We are not talking about making a mistake and then having to pay out outrageous sums of money because the doctors did not make a mistake but they committed a civil rights abuse and maybe that can be punished without making the hospital pay for it (personal fine for the doctor or better yet working in street clinics for free for 1000 hours until they have been punished enough for their acts).
    Former military man (and now babysitter of Donald Trump) John Kelly, is a big loud lying empty barrel!

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