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Saturday, June 04, 2022
Two interesting § 1983 ideas (corrected)
1) Steve Vladeck has an essay at MSNBC on the Court's shrinking docket and slow pace. He makes a point I had not considered: The Court's shrinking docket means fewer opportunities for rights to be clearly established and therefore less ability for plaintiffs to overcome qualified immunity. This takes on a larger scope if the Court follows through on hints that lower-court precedent cannot clearly establish.
2) Angeli Gomez is the Ulvane Uvalde parent who urged police to enter the school, was handcuffed, released, and ran into the school to rescue her children. CBS reports that Ulvane Uvalde police told Gomez not to speak publicly about the events on threat of prosecution for obstruction of justice and violation of her parole. Popehat wants to represent her in what he thinks could be a viable § 1983 action. The two questions are whether a nonsense arrest threat, without follow-through, constitutes a sufficient deprivation of the First Amendment and whether there either is case law establishing that (nothing from SCOTUS, doubt there is a "robust consensus" from lower courts) or whether this is an obvious violation.
Edits: My apologies for getting the town's name wrong.
Posted by Howard Wasserman on June 4, 2022 at 12:08 PM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Judicial Process | Permalink
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