NYC ends qualified immunity for NYPD officers

As a home owner and a business owner I am paying the city taxes for services. This includes garbage collection, fire department service, and police protection. If the city fails to uphold its responsibility to provide the police and fire protection services that I am paying for -- then I should certainly have the right to sue for damages.

If I knew the city was not going to live up to their agreement to provide these services then I would have spent my tax money on private measures to provide my home and business with with security and fire protection. Eminent Domain cuts both ways -- to have any authority the city must provide the services they promised.
Holding cops accountable to not overstep their constitutional mandate does not prevent them from doing their jobs.
 
Until the 1960s -- financial liability for violent riots were defined by Sovereign Immunity laws which are part of Eminent Domain regulations . Some states/cities had Sovereign immunity laws related to cities being financially liable for riot damage; others did not. There are also state/city riot act statues which define financial liability for violent riots that are not controlled by a city. In the late 60s and early 70s there were debates on both sides of this issue; some advocates demanding financially liability laws be instituted everywhere and others demanding the existing laws be discontinued. Many states/cities in the 1960s eliminated laws holding cities financially responsible for violent riot damage because they were scared of the possible huge financial cost for the race riots in the 60s/70s.


As of 1968 15 states still had laws holding cities financially liable for violent riot damage.
Municipal Liability for Riot Damage
https://www.jstor.org/stable/1339512?seq=1

Legal paper about the issue from the earlier 1970s.
Municipal Liability For Riot Damage Under Eminent Domain
https://scholarlycommons.law.wlu.ed....com/&httpsredir=1&article=3209&context=wlulr

Some cities and states still have riot act statutes -- and lawsuits are being filed from business owners to hold cities liable for recent riots.
Baltimore businesses destroyed during riots sue city officials for failing to prevent violence
Jun 21, 2017
https://www.baltimoresun.com/news/crime/bs-md-ci-rioting-lawsuit-20170621-story.html

Dozens of Baltimore business owners are suing city officials, including the police department and former Mayor Stephanie Rawlings-Blake, saying they mishandled the city's response to the rioting in 2015.

In a nearly 700-page complaint filed in federal court this week, more than 60 plaintiffs say city officials failed to prevent the looting and rioting that erupted after the arrest and death of Freddie Gray in April 2015, despite warnings the city would experience violence.

More than 380 businesses, including many located south of North Avenue in West Baltimore, were damaged or destroyed. Property losses were estimated at nearly $13 million.

The plaintiffs are suing under the Maryland riot act statute, which allows parties to bring a claim against the city for property damage during civil unrest. They name Rawlings-Blake and former Police Commissioner Anthony Batts, who were in office at the time of the riots, current Mayor Catherine Pugh, the City Council, city police and the state as defendants. They are seeking an unspecified amount in damages.

(More at above url)
Interesting. I'd counter that this seemed like a round about way for municipalities to crack down on civil rights movements
 
As a home owner and a business owner I am paying the city taxes for services. This includes garbage collection, fire department service, and police protection. If the city fails to uphold its responsibility to provide the police and fire protection services that I am paying for -- then I should certainly have the right to sue for damages.

If I knew the city was not going to live up to their agreement to provide these services then I would have spent my tax money on private measures to provide my home and business with with security and fire protection. Eminent Domain cuts both ways -- to have any authority the city must provide the services they promised.
So every victim of crime or every homeowner whose house has burned down should be able to sue the city,got it :rolleyes:
 
Holding cops accountable to not overstep their constitutional mandate does not prevent them from doing their jobs.

Seeing that over 95% of police brutality complaints turn out to be complete bullshiat -- no one is going to enter the police profession if they are going to have to defend themselves financially in court against every bullshiat complaint. Taking away qualified immunity from cops also means there is no incentive for the city to defend the actions of police officers -- leaving the entire financial burden with every false complaint on the cop.
 
Seeing that over 95% of police brutality complaints turn out to be complete bullshiat -- no one is going to enter the police profession if they are going to have to defend themselves financially in court against every bullshiat complaint. Taking away qualified immunity from cops also means there is no incentive for the city to defend the actions of police officers -- leaving the entire financial burden with every false complaint on the cop.


I doubt 95% is bullshit.Its not just police brutality,but also violating rights.Every time a cop searches a car because they claim they smell weed or a dog with around a 50% accuracy rate alerts to drugs they are violating peoples constitutional rights,and that happens thousands of times a day.
 
So every victim of crime or every homeowner whose house has burned down should be able to sue the city,got it :rolleyes:

When the city has the police and fire department step away from providing the promised services in a wholesale manner --- allowing a violent riot to run unabated then business and homeowners should be able to hold the city financially responsible for the dereliction of duty form the city. This is not about an individual crime or fire.

Let's take the following example - I own a house on the edge of town. The county does not provide water & sewer or trash collection. The county only has a volunteer fire department and the county sheriff's office has a 30 minute average response time for calls with minimal staffing.

The city comes to me and says if you agree to be incorporated into the city and pay much higher taxes then we will provide the following - city water and sewer, weekly garbage collection, paid professional fire service, and a fully staffed police force with a 5 minute average response time.

I decide to take the deal and allow the city to annex my property. If the city does not live up to its commitments in a wholesale manner then I should be able to sue the city. I am not talking about a one time instance where the water is out for a day due to a water main break -- but if the city promised water and never delivered water then I should be able to sue. If the city promised trash pickup and suddenly stopped collecting trash for several months then I should be able to sue. If the city promised police protection and decided that cops would not service my location when my property & person is being threatened then I should be able to sue for incurred damages to my property & myself.. After all I am paying taxes for all of these services -- and I decided to join the city because they promised these services.
 
https://en.wikipedia.org/wiki/George_Floyd_protests


By the end of June, at least 14,000 people had been arrested.[3][30][31] It was later estimated that between May 26 and August 22, 93% of individual protests were "peaceful and nondestructive"[32] and The Washington Post estimated that by the end of June, 96.3% of 7,305 demonstrations involved no injuries and no property damage.[33]

Yes... the majority of BLM protests held in daytime were peaceful. Many of the daytime protests were led by respected community leaders and politicians.

However the protests in the evenings and nights were primarily violent ANTIFA and BLM protestors. In North Carolina it reached point where the leaders of the daytime protests were stating the violent ANTIFA/BLM night time protestors did not in any way represent the BLM movement and they needed to stop.

The local BLM leaders and local mayors also called out ANTIFA by name in North Carolina -- calling them violent terrorists. who undermined the BLM movement.
 
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