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posted by
martyb
on Thursday December 17 2015, @08:42AM
from the wheels-of-justice-turn-VERY-slowly dept.
from the wheels-of-justice-turn-VERY-slowly dept.
In a six-six vote, the U.S. Court of Appeals for the Second Circuit has declined to review en banc its June ruling in Turkmen v. Ashcroft. In June, the court had said that people held by the federal government in connection with the 9-11 attacks can sue federal officials for Bivens damages resulting from violations of the detainees' constitutional rights.
The case was originally filed in 2002 and may next be brought to the Supreme Court. The Center for Constitutional Rights is representing the plaintiffs. The order denying rehearing, and other documents about the case, are available on its site.
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U.S. Circuit Court of Appeals: 9-11 Detainees Can Sue Federal Officials
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"In my opinion, Richard Stallman wouldn't recognize terrorism if it
came up and bit him on his Internet."
-- Ross M. Greenberg
(Score: 5, Insightful) by frojack on Thursday December 17 2015, @09:30AM
Where money solves every injustice.
Bivens was about the fourth amendment.
In his case the men were held for between three to eight months on visa and immigration violations.
In either case, money seems an appropriate recompense for taking something you can not repay in any other way. You can't give someone three months. Nor can you un-search someone illegally searched. You can not un-ring the bell.
It might be worth tucking this little tidbit away against the day the government seizes and searches your car or your email for no reason. It means you no longer have to prove you were harmed. Just need to prove that your rights were violated.
No, you are mistaken. I've always had this sig.
(Score: 2) by frojack on Thursday December 17 2015, @09:31AM
I meant in THIS case the men were held...
No, you are mistaken. I've always had this sig.
(Score: -1, Flamebait) by Anonymous Coward on Thursday December 17 2015, @09:39AM
Everybody knows what you meant, dickweed.
(Score: 0) by Anonymous Coward on Thursday December 17 2015, @09:41AM
Not mee! I that 1 guy who be stoopider that frokjac! How I mod down. Fregot do log in?! ppppp
(Score: 0) by Anonymous Coward on Thursday December 17 2015, @09:34AM
Because no code of law ever imprisons anyone for murder. Because life cannot be repaid.
Burn in hell, apologist. But until your time comes, keep voting for evil.
(Score: 3, Interesting) by davester666 on Thursday December 17 2015, @09:40AM
Your rights were violated. Here, have a nickel. Case closed.
(Score: 1, Interesting) by Anonymous Coward on Thursday December 17 2015, @01:33PM
Your rights were violated. Here, have absolutely nothing. Case closed.
So much better. Though ideally it would be millions instead of a nickel.
(Score: 2) by frojack on Thursday December 17 2015, @05:17PM
And who's to say it wouldn't be multiple millions?
The court does not concern itself with trivialities, and would not be dealing with nickels and dimes.
The payout would be big enough to correct the behavior of the government.
No, you are mistaken. I've always had this sig.
(Score: 2) by davester666 on Thursday December 17 2015, @05:59PM
Why? It is far more likely that they will say your rights are violated, but that you suffered no real harm, therefore, you get a token payment to shut up and go away.
(Score: 3, Insightful) by frojack on Thursday December 17 2015, @06:15PM
Go back and re-read Bevins. You are missing the point here...
Per Bevins, It is EXACTLY because you don't have to prove HARM that Bevins is interesting.
The mere act of having a constitutional right violated is harm enough. Bevins puts the teeth in the constitution that the founders forgot.
No, you are mistaken. I've always had this sig.
(Score: 4, Insightful) by Immerman on Thursday December 17 2015, @07:49PM
Personally I'd love to see any government official who knowingly violates the constitution to be charged with treason, on the theory that a democracy's authority stems from the people, and therefore any violation of the contract that bestows that authority is a direct assault on the integrity of the nation.
But hey, baby steps in the right direction are better than nothing.
(Score: 2) by frojack on Friday December 18 2015, @02:42AM
Treason, in this country, has a constitutionally based definition, which requires a state of war to exist.
Just about NO Penalties are defined in the Constitution. The death penalty is recognized as existing, and but the constitution only mentions it while limiting it.
I don't recall if I've ever heard the arguments about why punishments were not put into the constitution itself. But it always designed as just a framework.
No, you are mistaken. I've always had this sig.
(Score: 2) by Immerman on Friday December 18 2015, @07:17PM
No problem, we've been constantly at war with*someone* for what, a century or so now?
In all seriousness though, if we can seriously talk about charging Snowden and others in that vein with treason, there should be no conceptual problem in charging corrupt officials. Class warfare is far more real and the enemies far more powerful and well organized than those in the farcically named "war on drugs" or "war on terror"