{"id":175885,"date":"2020-11-02T19:10:00","date_gmt":"2020-11-03T00:10:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2020\/11\/02\/egregious-enough-for-even-the-supreme-court-to-waive-qualified-immunity\/"},"modified":"2020-11-02T19:10:00","modified_gmt":"2020-11-03T00:10:00","slug":"egregious-enough-for-even-the-supreme-court-to-waive-qualified-immunity","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2020\/11\/02\/egregious-enough-for-even-the-supreme-court-to-waive-qualified-immunity\/","title":{"rendered":"Egregious Enough for Even the Supreme Court to Waive Qualified Immunity"},"content":{"rendered":"

Except, of course, for Clarence Thomas, of Course, who thinks that prison officers throwing aprisoner in a sh%$ filled cell, and then threw him naked into a cold cell, is OK<\/a>, because even in comparison to likely rapist wannabee Brett Kavanaugh, Thomas is a deeply evil man. <\/p>\n

The case is Taylor v. Rojas<\/i>:<\/p>\n

In their orders on Monday, the justices struck down a ruling by the U.S. Court of Appeals for the 5th Circuit that had blocked a Texas inmate\u2019s lawsuit against prison officials. The inmate, Trent Taylor, was forced to spend six days naked in cells that contained feces from previous occupants and overflowing sewage. Taylor alleged that prison officials\u2019 conduct violated the Eighth Amendment\u2019s ban on cruel and unusual punishment, but the 5th Circuit, invoking a doctrine known as qualified immunity, ruled that the officials could not be sued because it was not \u201cclearly established\u201d that their conduct violated Taylor\u2019s constitutional rights. Taylor went to the Supreme Court in April, asking the justices to clarify what it means for a constitutional violation to be clearly established. <\/p>\n

In a brief unsigned opinion on Monday, the Supreme Court invalidated the 5th Circuit\u2019s decision, without calling for briefing on the merits or oral argument. The justices acknowledged that qualified immunity protects an official who makes a decision that, \u201ceven if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted.\u201d But in this case, the justices emphasized, \u201cno reasonable correctional officer could have concluded that, under the extreme circumstances of this case, it was constitutionally permissible to house Taylor in such deplorably unsanitary conditions for such an extended period of time.\u201d The court of appeals, the court noted, did not identify any emergency or other need for the prison officials to hold Taylor in these conditions, and the record in the case suggests that at least some of the officials were well aware of \u2013 but ignored \u2013 the conditions in the cells: One officer, putting him in a cell that was covered with feces, said to another officer that Taylor would \u201chave a long weekend,\u201d while a second officer, putting Taylor in a \u201cfrigidly cold\u201d cell, expressed hope that Taylor would \u201cf***ing freeze.\u201d The justices sent the case back to the lower court to allow Taylor\u2019s lawsuit to move forward. <\/p>\n

Justice Clarence Thomas dissented from the court\u2019s decision, although he did not file a separate opinion to explain his vote.
<\/span><\/p><\/blockquote>\n

Thomas might very well be the worst Supreme Court Justice since Roger Taney. <\/p>\n","protected":false},"excerpt":{"rendered":"

Except, of course, for Clarence Thomas, of Course, who thinks that prison officers throwing aprisoner in a sh%$ filled cell, and then threw him naked into a cold cell, is OK, because even in comparison to likely rapist wannabee Brett Kavanaugh, Thomas is a deeply evil man. The case is Taylor v. Rojas: In their …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[413,443,364,407,403],"class_list":["post-175885","post","type-post","status-publish","format-standard","hentry","tag-civil-rights","tag-corrections","tag-evil","tag-justice","tag-wanker"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/175885"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=175885"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/175885\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=175885"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=175885"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=175885"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}