Defining “Qualified Immunity” For The Mental Midgets Who Rule Racine County

Gotta LOL! When the JT is reduced to publishing this drivel (but watch Governor Scott Walker and his complicit and malfeasant WI DOJ remain silent):

From Journal Times:

Mount Pleasant asks for dismissal of lawsuit over Foxconn

MOUNT PLEASANT — The Village of Mount Pleasant wants a lawsuit filed over land acquisition for Foxconn Technology Group’s manufacturing development dismissed.

The village, represented by Alan Marcuvitz of the law firm von Briesen & Roper, argues the plaintiffs’ claims are problematic and should be dismissed. The eminent domain process has neither started nor finished, according to the court filings.

“This lawsuit is not based on the notion that the procedures of that statute were not followed or were defectively implemented,” Marcuvitz argued for the defendants. “Instead, it seeks to avoid them entirely, having this court take on the entire role of a state administrative and judicial process.”

If the court will not dismiss the claim, the defense requested it pause proceedings so that the lawsuit does not interfere with the eminent domain process.

Qualified immunity

The defense also asked for the claims against Village President Dave DeGroot to be dismissed, stating that he is entitled to immunity for his actions. A claim against him would require the property owners to show he violated “clearly established statutory or constitutional rights” while acting in his capacity.

“Plaintiffs’ sole allegation is that Mr. DeGroot was acting under ‘color of state law,’ ” the filing states. “Of course he was — that was his position. If stating that a public official or employee acted under color of state law is sufficient to state a claim against that person, the concept of qualified immunity would be meaningless.”

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Village President David DeGroot is clearly lost and confused while his legal team attempts to blow more smoke up MTP Residents anal sphincter valves!

And YES! The claims are “Problematic” Can you define that term – Dave?

Is it problematic because it is a complex problem with no simple  solutions – in regards to the environment; sustainability; practicability; cost vs. benefit ratio; Equity and implementation? Perhaps it just creates a greater dilemma for Racine County Residents – Dilemma defined:

So just what is QUALIFIED IMMUNITY?

From Cornell Law School:

Qualified immunity

Overview

Qualified immunity is a type of legal immunity. Qualified immunity “Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan .

Specifically, qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff’s rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case.

Qualified immunity is not immunity from having to pay money damages, but rather immunity from having to go through the costs of a trial at all. Accordingly, courts must resolve qualified immunity issues as early in a case as possible, preferably before discovery.

Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions. Although qualified immunity frequently appears in cases involving police officers, it also applies to most other executive branch officials. While judges, prosecutors, legislators, and some other government officials do not receive qualified immunity, most are protected by other immunity doctrines.

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Astute Readers will already recognize that even the Wisconsin Legislative Bureau claimed that the Foxconn Legislation is largely UNCONSTITUTIONAL!

 

The entire document is available by clicking on:  foxconn_legcouncil

Nonpartisan Attorneys Say Part Of Foxconn Law Could Be Unconstitutional

 

Law Governing Judicial Process For Foxconn Could Face Court Challenge

Lawyers in the state Legislature’s nonpartisan legal office say part of the $3 billion incentives package for Taiwanese tech giant Foxconn passed by lawmakers last week may be unconstitutional.

The incentives package, which was signed into law by Gov. Scott Walker on Monday, includes language that creates a unique judicial process for legal challenges involving Foxconn.

Under the provision, decisions in those cases by circuit court judges would be immediately stayed, or put on hold, if an appeal is filed to a higher court. The law also creates an expedited process for the state Supreme Court to take up cases involving Foxconn, and requires them to give those cases preference.

“It appears that certain aspects of that appellate procedure could be subject to challenge,” senior staff attorneys for the Wisconsin Legislative Council wrote in the memo.

A challenge to the law would center on whether it constitutes the Legislature infringing on judicial powers or unduly burdens or interferes with the judicial branch of government.

The memo was requested by Senate Minority Leader Jennifer Shilling, D-La Crosse, who said the law erodes public trust in courts.

“We should not be giving a foreign corporation preferential treatment in our state courts,” Shilling said in a statement.

See also:

Mount Pleasant is Served With It’s First Foxconn Related Legal Challenge While Forced Evictions Are Rushed and Cruel

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Does David DeGroot qualify for “Qualified Immunity” when he acts beyond his statutorily defined authorities? The answer is – Of course NOT! But that’s not going to stop the Politically Connected Criminal Element who have assumed control over SE WI from claiming otherwise – and as always –  at taxpayer and Residents  expense.

HEY DAVE – Welcome to The Jungle!

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