Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
New on the Bound By Oath podcast: In 1974, Congress added the law-enforcement proviso to the Federal Tort Claims Act to ensure that the victims of wrong-door raids by federal officers would have a legal remedy. On this episode, we talk with some folks who had a hand in getting the proviso passed into law, and we talk about the case of Martin v. United States, the wrong-door raid case that the Supreme Court will hear next week.
- Protestors at the Vermont statehouse sit in a circle, join arms, sing “social justice” songs, and refuse to leave. Cop applies pressure to one, triggering violent pain, during which she claims she was unable to stand. Three officers carry her out. District court: Qualified immunity. Second Circuit: Well, there’s a case saying that if her side of the story is correct the tactic may have been unconstitutional. Dissent: I think the Supreme Court wants us to be more evasive, guys.
- A man riding his lawn mower was hit by a car and died in Dillon County, S.C. Insurance litigation ensued. Fourth Circuit: “What does it matter? A case but a speck in the recesses of interstellar space and in the four-plus billion years since our solar system’s birth. What does it matter, this case deserted by both space and time?” Well, “[t]o be human is to live in the here and now.”
- North Carolina appellate judge loses race for the state Supreme Court by fewer than 800 votes. He challenges the results in state court, arguing that ineligible votes were counted. After procedural hurly-burly that ends up with the case being divided between state and federal court, the state Supreme Court orders some ballots excluded and that other voters be given 30 days to cure deficiencies in theirs. The federal district court grants a partial injunction, allowing the state to recount the ballots, but not certify the results. Fourth Circuit (over a dissent): Don’t do anything until we figure out the federal constitutional issues.
- Houma, La. police officers riddle a local man with nearly 20 bullets in his front yard after he flees from them (maybe while holding a gun?). Louisiana State Police are tasked with investigating the officer-involved shooting, and state troopers promptly get warrants to search the man’s car and house (and his grieving wife’s cell phone) on the asserted ground that they have probable cause to investigate the man for aggravated assault on a peace officer. Litigation ensues. District court: Um … the man was dead, so it’s pretty obvious probable cause didn’t support your investig
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
