No. 09-571 Connick v. Thompson
“ABSOLUTE IMMUNITY” [1]
No. 09-571 Title: Harry F. Connick v. John Thompson
The issue in No. 09-571 is a simple one. Eliminate 'ABSOLUTE IMMUNITY." 'ABSOLUTE IMMUNITY" is a judge made law that has no place in a free society of equal persons. No one can operate in a society of free and equal persons with immunity.
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.” Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
The protection of the law in this case, if the prosecutors had knowingly withheld exculpable evidence is unquestioned. The remedy Mr. Thompson’s 1st Amendment Right:
“Congress shall make no law… prohibiting the right of the people… to petition the Government for a redress of grievances.”
All cost and damages would have been recoupable from the “Government” authority.
If the prosecutors just “failed” to provide the exculpable evidence is there a culpability issue? I would hold that there is. We have to be able to hold our “Government” employees to strict liability with strict scrutiny. Fundamental Human Civil Rights protected by the rule of law are the Fundamentals of civilization. Without a secure foundation within Due Process of Law, the civilization fails in its purpose to secure equally for all parties the protection of the laws..
[1] Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871)(origination), Pierson v. Ray, 386 U.S. 547 (1967) (Judges), Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutors) and Briscoe v. LaHue, 460 U.S. 325 (1983) (all persons)
No comments:
Post a Comment