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18414RE: [tips_and_tricks] Official Stripped Of His Official Character-Yeah! :-)

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  • Frog Farmer
    Apr 30, 2011
      > "Characteristically the Court has defined these elements by
      > identifying the circumstances in which qualified immunity would not be
      > available. Referring both to the objective and subjective elements, we
      > have held that qualified immunity would be defeated if an official
      > "knew or reasonably should have known that the action he took within
      > his sphere of official responsibility would violate the constitutional
      > rights of the [plaintiff], or if he took the action with the malicious
      > intention to cause a deprivation of constitutional rights or other
      > injury . . . ." Harlow v. Fitzgerald

      I used to carry preprinted constructive notices that I used to inform
      the people that I used to believe were public servants. They worked a
      couple of times to get them to leave me alone. Once one got one after
      helping me push a stalled unregistered car I had been traveling in (with
      no DL) out of an intersection. He had begun to ask for the Big Three
      but got it shoved in his face before he could finish. He handed it back
      with a "have a nice day!" and he drove away.

      > "We therefore hold that government officials performing discretionary
      > functions, generally are shielded from liability for civil damages
      > insofar as their conduct does not violate clearly established
      > statutory or constitutional rights of which a reasonable person would
      > have known." Harlow v. Fitzgerald

      Reasonable people can't avoid knowing when you give them Constructive
      Notice in writing.


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