42 USC 1983: Learn It, Live It OWS
The Market Ticker ® - Commentary on The Capital Markets
Posted 2011-10-29 15:18
by Karl Denninger
in Protests
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42 USC 1983: Learn It, Live It OWS
 

It's time for the protesters to bone up on the law.  Specifically, due to this:

Tennessee state troopers for the second straight night arrested Wall Street protesters for defying a new nighttime curfew imposed by Republican Gov. Bill Haslam in an effort to disband an encampment near the state Capitol.

And for a second time, a Nashville night judge dismissed arrest warrants of the arrested protesters.

The Tennessean newspaper reports that Magistrate Tom Nelson told troopers delivering the protesters to jail that he could "find no authority anywhere for anyone to authorize a curfew anywhere on Legislative Plaza."

Now these cops are cooked -- and not just the city either -- the cops are PERSONALLY liable.

Here 'ya go folks... here's your ticket to own some cop homes, cars, boats (if they have them) and other possessions.

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia

Go get 'em Nashville protesters.  It's time to take these cops willful and knowing violation of your civil rights, as you have a judge who has declared your arrest unlawful and in violation of those rights, right back to court and tattoo each and every one of them with a nice fat civil judgment.

In short, you've been screwed out of your house.  Now go get some redress and evict a few of these jackbooted thugs from theirs, legally, and render them homeless.

The best way to stop this crap is to render the so-called "law enforcement officers" doing it penniless.

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User Info 42 USC 1983: Learn It, Live It OWS in forum [Market-Ticker]
Onelegged
Posts: 265
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NW Colorado
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I wonder if kidnapping charges are applicable here also?

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The light at the end of this tunnel is a train.
Genesis
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False arrest is pretty serious stuff...

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Onelegged
Posts: 265
Incept: 2009-11-13

NW Colorado
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Its not if no one will press charges. The OWS people supposedly have lawyers who have volunteered to offer services to the movement. I am surprised there hasn't been any word of any complaints filed. Nothing that I have seen anyway.

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The light at the end of this tunnel is a train.
Exsanguine
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Fargo
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Yeah! That's the ticket. Let's take it out on the cops who, although wrong, followed orders from a superior.

Yeah! Let's***** em off, so, ya know, other brothers in blue will be less inclined to hold back when they get itchy trigger fingers.

Yeah! Let's give the anarchists another reason to light that fuse!

And***** off on all that agent provocateur crap. It's tin foil hat territory.
Genesis
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Admin A True American Patriot!
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That's right, the cops are mindless robots and didn't take an oath of office.

Oh wait... they did. Uh, yeah, just like the military.

"I was only following orders when I gassed all those Jews" didn't work so well either.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Exsanguine
Posts: 24
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Fargo
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Strawman.
Genesis
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Not at all.

A trained officer has a higher standard of care than an ordinary person. He has received explicit training and is held to that standard - and should be.

An unconstitutional order is no order at all.

The FIRST night's arrests were made under what he believed were lawful orders. However, after the judge threw out the entire batch of first-night arrestees and told the cops that there was no grounds for their detainment his ability to rely on what he believed to be a lawful order expired.

String 'em all up by their wallets - take everything they own in a peaceful and lawful manner, reducing them to paupers.

Each and every one.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Spazznout
Posts: 1704
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Columbus, Ohio
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more like case law.....

clueless

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"In a land without Rule of Law even a sane man who desecrates the state must be made to look crazy. "
Rubicon Jan. 9, 2011 blog post.
"Those who make peaceful revolution impossible, make violent revolution inevitable."
Exsanguine
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"Safety Commissioner Bill Gibbons said it was unrealistic to meet requests from protesters for a stronger law enforcement presence to help deter thefts and altercations often involving homeless people who had attached themselves to the encampment.

Read more: http://www.foxnews.com/us/2011/10/29/occ....

SO they want to be protected overnight...and expect the state to foot the bill for that extra protection?

Again, not arguing against the validity of the judge's decision;rather I am mocking the stupidity of deliberately taunting those that have power.

There are much better ways to gain ground, gather support and get things changed.

Encouraging people to persecute right back, and destroy law officers lives will not gain you the support you think. IN fact it just makes you sound a 2yr old having a temper tantrum.

Genesis
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Recourse to the law is not persecution.

These people violated the law under color of authority and that is a serious federal offense. Not only is it a civil offense it is also a criminal matter under 18 USC 241 and 242.
18 USC 241 wrote..
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

The law applies to all, including the cops.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?

Mrbill
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Quote:
I am mocking the stupidity of deliberately taunting those that have power.


The police don't have power. That's the grand illusion. They only derive power from the consent of the people who allow them to be the ones to enforce the law, and it's the police that are taunting those that have power.

Suing them is not persecution, it's prosecution of the law.

It goes through a court and a judge, if the police did nothing wrong, then they get off.

Exsanguine
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Fargo
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Perception is all that matters. It will be perceived as persecution. Period.

Belligerence will get you nowhere with the people you wish to join the movement.

Your real power lies in the ballot box; getting people into office locally who share your beliefs, then expand it upwards to state then federal. If that isn't OWS's goal then one can only assume they WANT a revolution.

If that is the case then say it. But don't***** on me with statements of law and tell me its raining.
Genesis
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Quote:
Perception is all that matters. It will be perceived as persecution. Period.

Belligerence will get you nowhere with the people you wish to join the movement.

I don't want jackbooted thugs to "join the movement" - that's how we end up with Hitler.

I want their power removed and their crimes punished. That's how we prevent it from happening again.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Mrbill
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Who wants people who let police abuse their power, simply because they have some power, in with their movement?
Medicdan
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We need cops. Just not these cops.

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Arizona & desert gardening
http://azediblegarden.com/
Starvingartist
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Puff The Magic Dragon
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Standing up for your rights is a strawman? Taking on those who abuse their power is a strawman?

Suing for false arrest is a strawman?


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"The only solution that is mathematically sound is politically impossible.
All the should's in the world ain't gonna change that."
Antone
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Seditionia, USSA
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My disdain for pigs is only superseded by my disdain for pig apologists.

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As if anything has changed:

Wir sind gefickt.
Seraphical
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Phoenix.AZ
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Yet another troll trying to divert the focus from what needs to happen. *sigh*

Keep at it, Karl. You have a lot of support.
Peterm99
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SoCal
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Medicdan wrote..
We need cops. Just not these cops.
Agreed. Very often, the STASI seems to be what many (most?) of our LEO orgs are currently trying to emulate.

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". . . the Constitution has died, the economy welters in irreversible decline, we have perpetual war, all power lies in the hands of the executive, the police are supreme, and a surveillance beyond Orwell’s imaginings falls into place." - Fred Reed
Checkthisout
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Cary, NC
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The whole point in PROSECUTING these particular lawbreakers (police) is to make ALL other law enforcement officers throughout the country second guess their orders on a forward basis. Wouldn't it be nice if every law enforcement officer had to think for himself as to the Constitutionality of the orders given to him by his superiors? Getting them to pause and THINK is EXACTLY what you want them to do. They need to know they will be held accountable.

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There are no gun free zones where free men tread.
Cerich
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ga
Online
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awesome!
Ignorantsavage
Posts: 702
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Green A True American Patriot!
united States
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Medicdan wrote..
We need cops. Just not these cops.
Nope, we don't need cops. Think of all the "good" things cops do, and realize that all the "safety" tasks are either lies (case law recognizes that cops have no responsibility to protect you) or revenue generation (traffic tickets).

We don't need that crap.

At best, a few private reporting agencies will do for crimes, and the Sheriff's ability to round up a posse (elected office, not a traditional "cop") should serve to cover the few useful cop-stuff items that cops are supposed to provide.
Jeffex11
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Incept: 2011-02-28


Banned
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THIS posting by the ticker is satire.....right? Karl has been hijacked by some 60's hippie and posting here ???? right? Channeling his inner Bill Ayres maybe...????
Peterm99
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SoCal
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Jeffex11 -

I doubt that it's satire.

The bottom line is that criminal thugs, even especially if they are LEOs, need to be defanged. If the criminal justice (sic) system won't do it, citizens need to be able to accomplish that via the tort system.

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". . . the Constitution has died, the economy welters in irreversible decline, we have perpetual war, all power lies in the hands of the executive, the police are supreme, and a surveillance beyond Orwell’s imaginings falls into place." - Fred Reed

Reason: fixed as shown
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