U.S. Supreme Court
OWEN v. CITY OF INDEPENDENCE, 445 U.S. 622 (1980)
445 U.S. 622
OWEN v. CITY OF INDEPENDENCE, MISSOURI, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.
Argued January 8, 1980.
Decided April 16, 1980.
A municipality has no immunity from liability under 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability. Pp. 635-658.
While reading the above, Owen v. City of Independence, I ran across a footnote that I found particularly interesting.
The footnote indicates that all public servants, elected or appointed, are liable for error when violating a citizens rights under Federal Law. Here, in Footnote 25, we have a unique opinion that makes even LEGISLATORS liable.
[Footnote 25] See, e. g., Globe 305 (remarks of Rep. Arthur) (“But if the Legislature enacts a law, if the Governor enforces it, if the judge upon the bench renders a judgment, if the sheriff levy an execution, execute a writ, serve a summons, or make an arrest, all acting under a solemn, official oath, [445 U.S. 622, 644] though as pure in duty as a saint and as immaculate as a seraph, for a mere error in judgment, they are liable. . .”); id., at 385 (remarks of Rep. Lewis); Globe App. 217 (remarks of Sen. Thurman).
Do you see it? “But if the Legislature enacts a law…” and all that follows… “THEY ARE LIABLE.”
Here is a remedy for every bad law, every encroachment made and liberty stolen. If we hold them liable for what they have done and seek restitution … we may be able to roll back their ever advancing infringement on our rights which are guaranteed by the Supreme Law of the Land: The Constitution.
The public servants that believe they have immunity because they are following some “law” or “regulation” need to be put on notice that there is no such immunity for their error. This can be an important part of our arsenal in the protection of our Liberty. But I believe this process would hinge on specific use of the Constitution and the Bill of Rights. It would be essential to include all pertinent writings regarding the intent of the founders for the particular right protected in order to establish without doubt that the Federally Protected Right has been violated.
Can State Representatives be held liable for violation of rights protected under Federal Law (the Constitution)? Why not? Could we not hold all responsible and file claim seeking remedy? Could a single case filed against a State Representative result in a recall with a special election? The possibilities are endless.
It is my belief that this could be a greater weapon when used LOCALLY to keep city, town and county public servants in line with the Constitution. As this remedy may be applied much easier locally and as it gains momentum it can then be applied to State officials. But this can be used immediately and effectively in all situations involving Law Enforcement Officers.
Your comments and ideas are appreciated.
I’d like to take the time to remind my readers of the so-called “Flu Pandemic” that swept the nation back in 2009 and what we learned from that experience. Many of us were labeled “conspiracy nuts” because of our outspoken opposition to the vaccines and the “Pandemic” label which we surmised was just another scam. Of course, the “conspiracy nuts” were once again proven to be correct in their analysis.
I offer these past blog posts as a reminder and a warning for all to remain vigilante regarding the poisons our government readily allows to be foisted upon us.
The video is no longer available BUT the transcript is still online at the link provided. The point is in the title. They laughed about creating a “false scarcity” to drive up the demand for the vaccine.
Take note of this paragraph which describes a “shortage” of the vaccine:
“Because of vaccine production delays, the government has backed off initial estimates that 120 million doses would be available by mid-October. As of mid-October, only 11 million doses had been shipped to health departments, doctor’s offices and other providers, according to the Centers for Disease Control and Prevention officials said.
The government now estimates to have about 50 million doses of swine flu vaccine out by mid-November and 150 million in December.”
Then we have the “conspiracy nuts” being vindicated as shown in the post: It’s Official: Flu Pandemic a Hoax
And finally, the “conspiracy nuts” warned about the danger of receiving the H1N1 Vaccine and were once again vindicated: Medical Doctor Retracts H1N1 Vaccine Advice After Reading Insert
We have learned a great deal from History. Let us not forget what it has taught us.
As some people like to believe there is a “debate” about gun control, I refuse to accept that point of view. There is no “debate.” There is only the attempt to steal yet another Liberty from the People. The “debate” was settled long ago when the 2nd Amendment was written. It appears there wasn’t much to debate on this particular Liberty as the protection of Liberty is at the heart of the 2nd Amendment.
In my state, Indiana, we have “open carry.” Not many seem to know this fact. If you have a gun permit then you can legally carry your gun on your person.
With the threat of our right to bear arms being stolen by the muddle brained in D.C., my county has taken the necessary steps to insure this Liberty by passing the “2nd Amendment Preservation Act” which says all federal gun control measures should be considered null and void in the County. (Ind. County fights federal gun control)
To add to this, the Indiana Senate has now made it legal to own a “switch blade.” No joke. See it here.
And lastly, here is a picture of Feinstein, who seeks to destroy our Liberty and who has a concealed carry permit, demonstrating her poor understanding of gun safety while holding a gun she would like to see banned for everyone EXCEPT government officials.
Note the placement of her finger ON the trigger. There is no doubt that she needs a course in gun safety.
Yes, I did say that government officials would be EXEMPT from this gun control legislation. This shouldn’t surprise anyone as our government officials are also exempt from Obamacare. It appears that what is good for The People is not good enough for our public servants. (Hmm, it makes you wonder what they really think their status is, doesn’t it?) You can find more information in THIS article.
As many of us can clearly see, there is an attempt by government officials to find that one issue that will cause the people to revolt. Yes, they would like for us to fire the first shot. It is my opinion that will not be the case. They will fire first and then deny it, although unsuccessfully.
In any event, there is a great change coming to this country. It will be divided as the States resume their status as Sovereign entities, leaving the failed union to flounder in its own mess. We may even see a new union formed based upon the old but leaving no doubt about the limits placed upon any “representative” government such as D.C. was initially meant to be.
The question is: would forming a New Union be the best option? And if so, why would the States have to wait to take such action?
In the gun control debate there is one particularly annoying thing the pro gun control lobbyists are very good at doing: citing statistics and giving no reference for them. Piers Morgan has made a huge deal about the crime rate in America but fails to mention that crime has dropped by 50% from 2009 to 2011. Meanwhile, in the U.K., where they have strict gun control (NO GUNS!!), the violent crime rate is rising off the charts.
Of course, there are other annoying things the pro gun controllers do, such as using the term “assault” weapon for small caliber, single shot weapons. But let us address the important topic of Crime Rates to show that as private gun ownership rises – crime rates fall.
Watch this and check the numbers:
It’s amazing that people will go to such lengths to make money. I’m truly surprised that the History Channel continues to promote this “theory” without allowing the rebuttal to be aired. Stop falling for the lies deliberately foisted upon the uneducated masses that only serve to line the pockets of these fakes.
The following video is made free to all and there is no copyright violation if you download it.
The average age for a person to receive their FIRST cellphone is 8 yrs. old. This is an age which is most susceptible to health risks from cellphone use. Watch and see what the risks are for You and your Children:
Americans generally like to hear good news. They like to believe that a new president will right old wrongs, that clean energy will replace dirty oil and that fresh thinking will set the economy straight. American pundits tend to restrain their pessimism and hope for the best. But is anyone prepared for the worst?
Meet Michael Ruppert, a different kind of American. A former Los Angeles police officer turned independent reporter, he predicted the current financial crisis in his self-published newsletter, From the Wilderness, at a time when most Wall Street and Washington analysts were still in denial. Director Chris Smith has shown an affinity for outsiders in films like American Movie and The Yes Men. In Collapse, he departs stylistically from his past documentaries by interviewing Ruppert in a format that recalls the work of Errol Morris and Spalding Gray.
Sitting in a room that looks like a bunker, Ruppert recounts his career as a radical thinker and spells out the crises he sees ahead. He draws upon the same news reports and data available to any Internet user, but he applies a unique interpretation. He is especially passionate about the issue of peak oil, the concern raised by scientists since the seventies that the world will eventually run out of fossil fuel. While other experts debate this issue in measured tones, Ruppert doesn’t hold back at sounding an alarm, portraying an apocalyptic future. Listening to his rapid flow of opinions, the viewer is likely to question some of the rhetoric as paranoid or deluded, and to sway back and forth on what to make of the extremism. Smith lets viewers form their own judgments.
Collapse also serves as a portrait of a loner. Over the years, Ruppert has stood up for what he believes in despite fierce opposition. He candidly describes the sacrifices and motivators in his life. While other observers analyze details of the economic crisis, Ruppert views it as symptomatic of nothing less than the collapse of industrial civilization itself.
Click the link to watch the movie:
There is a lot of math here. Some of you may find these videos a bit boring BUT if you watch the FIRST video you will be hooked. There is a lot of good information here and your view of the nature of the world may be challenged in some respects. Very good presentation.
If you have proof that Nibiru is coming … let’s see it.
Don’t try to use the fake stuff as shown in these videos.
I’ve been reading the Sumerian tablets and I’ve got a question to pose. The tablets state that the volcanoes on Nibiru were not belching thus thinning the atmosphere and causing calamity. The only way to repair it is to get gold. So they come to earth and mine gold to take back to Nibiru. And as cosmological cycles go: Earth is disrupted by Nibiru’s passing. Hell, even our own moon can cause earthquakes and such on our planet. Earthquakes can cause volcanic activity. In all the “prophecies” people are making regarding Nibiru’s passing they speak of the Earth being “tossed to and fro,” earthquakes, volcanic activity and such.
Here is the problem: BOTH celestial bodies are affected in these ways. Why is it that no one speaks of the affects that these two bodies passing has on Nibiru? Shouldn’t there be something going on there also? Isn’t it possible that volcanoes on Nibiru might be excited into activity? Isn’t it possible that Nibiru would experience quakes?
Yes, Nibiru is larger than Earth. So what? BOTH celestial bodies would still be affected by their passing. And wouldn’t Nibiru be affected just by passing our sun? Isn’t it possible THAT would cause quakes and volcanic activity?
As for now, I am not buying into that story at all. I’m beginning to believe it is just a bunch of rubbish. It’s beginning to sound like what was really discovered was probably the very first Sci-Fi book ever written.
I’m not saying there isn’t a celestial body heading our way. I’m just doubting the story as told in the Sumerian Tablets. I’m sure that in passing other celestial bodies, such as our Sun and Earth, Nibiru would experience quakes which in turn would excite Nibiru’s volcanoes to belch and fill the atmosphere with it’s protective coating once more.
Any thoughts on this?