Friday, August 11, 2017

Good. Hope he wins both ears and the tail

And everyone abused by one of the thugs hiding behind a federal ID needs to go after the thug the same way.
Defendant does not cite, and the Court cannot see, any other reason why national security concerns would counsel hesitation to imply a Bivens remedy here. Plaintiff alleges that Defendant employed excessive force during a security screening, deliberately and gratuitously striking Plaintiff in the groin. This is not conduct that the TSA has deemed necessary, or even desirable, to protect national security. Indeed, the TSA expressly forbids its officers to engage in such behavior. …
...

Defendant’s oratorical calisthenics appear calculated to avoid simple questions with obvious answers: First, does the Fourth Amendment permit a federal officer to gratuitously strike an individual during a search? No. Second, was that clearly established in the law at the time? Yes. …
Taking the allegations of Plaintiff’s Complaint as true, Plaintiff was not suspected of committing any crime, posed no threat to Defendant or others, and fully complied with Defendant’s instructions during the pat-down search. The search in question went well beyond what was necessary to detect contraband, and was not confined to that purpose. There was, in short, no legitimate government interest served by Defendant’s alleged use of force to be weighed against Plaintiff’s substantial interest in being free from an unreasonable seizure. Such an action is “objectively unreasonable,” by any measure, and violates the Fourth Amendment. …

1 comment:

Grog said...

The goon is fortunate he wasn't interacting with someone else, there are people that would take exception to any contact of that nature.