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View Diary: SAVAGE: Bloomberg Asked About Inmates at Rikers Isle, Responds "Don't worry about them getting out." (151 comments)

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  •  There's no sovereign immunity for cities (3+ / 0-)
    Recommended by:
    rubyr, Denise Oliver Velez, Jaimas

    For federal civil rights / constitutional violations.  States have sovereign immunity under the Eleventh Amendment.  Municipalities do not.

    •  Uh, sorry, but I've (9+ / 0-)

      actually tried 3 soveriegn immunity cases against municipalities and municipal officers.  Please check your State and municipal laws.

      " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

      by gchaucer2 on Sun Oct 28, 2012 at 02:45:15 PM PDT

      [ Parent ]

      •  thank you gchaucer2, let's hold our fire until the (1+ / 0-)
        Recommended by:
        gchaucer2

        "deal" is done.  It's a hat tip to GHWB quoting the Kenny Rogers' "Gambler" hit. "You've got to know when to hold 'em, when to walk away, when to run.  There'll be time enough for counting, when the game is done".

      •  I said FEDERAL civil rights violations (1+ / 0-)
        Recommended by:
        shenderson

        I'm a lawyer too, and before you give your opinion, you might want to actually read carefully.  

        Also, if you're actually a litigator, I'm sure you're familiar with Monell v. New York Dep't of Social Services,  436 U. S. 658 (1978) which made very clear that municipalities are subject to suit for federal constitutional violations under Section 1983.

        And, not to belabor the point; what the hell, let's belabor it:

        Bogan v. Scott-Harris, 523 U.S. 44, 53 (1998) ("Municipalities themselves can be held liable for constitutional violations, whereas States and the Federal Government are often protected by sovereign immunity.")

        Will v. Michigan Dept. of State Police, 491 U.S. 58, 70 (1989) ("States are protected by the Eleventh Amendment while municipalities are not.")

        Owen v. City of Independence, 445 U.S. 622, 647-48 (1980) (a "municipality's 'governmental' immunity is obviously abrogated by the sovereign's enactment of a statute making it amenable to suit. Section 1983 was just such a statute. By including municipalities within the class of 'persons' subject to liability for violations of the Federal Constitution and laws, Congress--the supreme sovereign on matters of federal law--abolished whatever vestige of the State's sovereign immunity the municipality possessed.")

        Oh, and guess what?  If a municipality actually left a prisoner to die during an emergency, rather than safely evacuating them, then that's a plain case of deliberate indifference, and a violation of the Fifth and Eighth Amendments (as incorporated by the Fourteenth Amendment, naturally.)

        But, hey, you're the hero who's so quick to attack a strawman for a few recs.  

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