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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Jane Coaston‏Verified account @janecoaston 17 Jun 2020

      I’ve got a podcast on this subject coming out later this week, but this is not how QI works at all. For one, police (and other government employees) that enjoy QI are almost always — like, 99.98% — indemnified from having to pay damages themselves.pic.twitter.com/mm9oyqb9jZ

      14 replies 59 retweets 288 likes
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    2. Jane Coaston‏Verified account @janecoaston 17 Jun 2020

      https://www.nyulawreview.org/issues/volume-89-number-3/police-indemnification/ …

      1 reply 1 retweet 32 likes
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    3. Jane Coaston‏Verified account @janecoaston 17 Jun 2020

      And for another thing, police SHOULD have to think twice about, say, not stealing $225,000 from an individual whose home is being searched.https://www.forbes.com/sites/nicksibilla/2019/09/17/federal-court-cops-accused-of-stealing-over-225000-have-legal-immunity/#479c13755a85 …

      3 replies 33 retweets 151 likes
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    4. Jane Coaston‏Verified account @janecoaston 17 Jun 2020

      And another thing: QI can be applied even if police violate the constitutional rights of individuals. As Pearson v. Callahan found, the “two part” test isn’t really essential and a lot of courts have been ignoring it.

      3 replies 7 retweets 68 likes
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    5. Jane Coaston‏Verified account @janecoaston 17 Jun 2020

      The two part test: 1.) did the person violate the civil rights of the defendant? 2.) were those rights “clearly established”?

      5 replies 2 retweets 51 likes
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      Dan McLaughlin‏Verified account @baseballcrank 17 Jun 2020
      Replying to @janecoaston @cjane87

      I think the "clearly established" test makes more sense when dealing with where QI originally came from: cops enforcing a statute that was later struck down by courts. It's not the cops' job to know which laws they're allowed to enforce.

      9:54 AM - 17 Jun 2020
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      3 replies 0 retweets 2 likes
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        2. Jane Coaston‏Verified account @janecoaston 17 Jun 2020
          Replying to @baseballcrank

          Yes, Pierson v. Ray got into that (the “good faith” defense, which I loathe).

          1 reply 0 retweets 2 likes
        3. Belli‏ @bellisaurius 17 Jun 2020
          Replying to @janecoaston @cjane87 @baseballcrank

          I believe the comment if I tried to argue being out of date would be "Ignorance is no defense"

          0 replies 0 retweets 4 likes
        4. End of conversation
        1. Adot Crawley‏ @AdotCrawley 17 Jun 2020
          Replying to @baseballcrank @cjane87

          Except most QI cases involve things that should be self-evidently wrong.pic.twitter.com/r4wevaiJFD

          0 replies 0 retweets 0 likes
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        2. Dan McLaughlin‏Verified account @baseballcrank 17 Jun 2020

          That's not the question; it's whether the cop should be expected to predict that the law he's enforcing might later be changed by the courts.

          0 replies 0 retweets 0 likes
        3. End of conversation
        1. Werewolf Bar Kochba‏ @dickius 17 Jun 2020
          Replying to @baseballcrank @cjane87

          It literally is.

          0 replies 0 retweets 0 likes
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