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1. ashton+(OP)[view] [source] 2020-05-31 23:20:20
The Nikansen center had a nifty idea: constitutional small claims court. If an officer violates your rights, there is a process to make them pay. Not the state, not their department, the officer who wronged you.
replies(1): >>bilbo0+J1
2. bilbo0+J1[view] [source] 2020-05-31 23:32:57
>>ashton+(OP)
Just, Devil's Advocate, but would that encourage rogue police to not leave the victim alive? My understanding was that part of the reason many people get angry when they discover the right to privacy ends when you die, is because it is difficult, (maybe even non-sensical?), to file constitutional claims on behalf of someone who is deceased.

(Are there any attorneys on HN familiar with, for instance, the rights to privacy of the deceased? I'm pretty sure they don't have any.)

I think it's best just to file a civil suit rather than trying to set up a system that the Supremes could very well deem unconstitutional.

What might work is for municipalities to write into police labor agreements that XX% share of any civil judgement precipitated by your actions will be borne by you alone. You're still jointly and separately liable, but the municipality would be able to go after the officer in a separate action.

Something along those lines would accomplish the same thing without bringing constitutional questions into it.

replies(1): >>ashton+72
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3. ashton+72[view] [source] [discussion] 2020-05-31 23:36:07
>>bilbo0+J1
Such a constitutional claims court would certainly be amenable to wrongful death lawsuits by the family, since no more QI is an obvious prerequisite, although one would obviously prefer to see a criminal prosecution in such cases.

American cops already seem to murder with impunity, it’s hard to see how more accountability could possibly make them worse.

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