Skip to main content

View Diary: Oakland City Council Kisses Policeman's Ass to the Tune of $40,000. After He Costs City $1M. (27 comments)

Comment Preferences

  •  police states are safe for those at the top (6+ / 0-)

    they're deadly perilous for the people at the bottom.

    •  A police state is a criminal enterprise (2+ / 0-)
      Recommended by:
      jpmassar, AoT

      under cover of law.  The people at the top are not secure because their henchmen can turn on them at any time.  Also, all the participants in a criminal enterprise are held together by guilt.  Some criminal acts are committed for the sole purpose of having something with which to "hang" the perpetrator, should he appear to be stepping out of line.
      Oakland City Council persons are, apparently, subject to intimidation because they have something to hide. It's a conspiracy of guilt.

      On the other hand, holding public officials, especially law enforcers accustomed to "qualified immunity," individually responsible for their performance/negligence in office is a really touchy subject. Until the passage of the Federal Tort Claims Act in 1947 and subsequent state variants, all public officials had enjoyed "sovereign immunity" from liability for all actions undertaken in conjunction with their official position. Under sovereign immunity, no person could get satisfaction for any injury caused by the negligence or malfeasance of a public official. Now they can and public officials get sued all the time and are defended at public expense, unless it is proven that they were acting contrary to the policies and procedures of the public corporation. (Don't forget that corporations are organized to protect the individual participants from personal risk).
      In this case, it would seem that, since the OPD reviewed the actions of the officer and did not find them wanting or offensive to good order, the corporation (the city of Oakland) is responsible for the fine. And, if the City Council does nothing to change the culture of the OPD, then the Council needs to be dismissed by the citizens.
      All over the country, law enforcement has been turned into a protection racket.  That's because, instead of promoting justice, the law is being used to enforce compliance from a subject populace.  The law is like any other tool; it can be misused. In Oakland it obviously is. But, Oakland is not alone.

      "In the name of the nation, and of the dollar and of the rule of law, you and your children shall sacrifice for the good of all." Rmoney's prayer

      by hannah on Thu Jun 21, 2012 at 03:17:46 AM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site