Mar 032013
 

To my reading this section of the US Code would seem to permit lawsuits against, say, legislators who pass laws that infringe on Constitutionally protected rights. So why isn’t Diane Feinstein tied up in the courts 24/7?

Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

This might perhaps be a legal remedy against the gun grabbers: sue the bejeesus out of them, individually, repeatedly, non-stop, until they either change their unConstitutional ways or are left destitute, unable to afford personal bodyguards or 16-ounce sodas.

 

EDIT: Whoops, looks like legislators are granted “absolute immunity.” Feh. But municipalities are not, nor are individual employees of the government. So, sue any city government, cop, sheriff or agent who tries to gungrab. A few lessons of *that* where ATF guys lose their homes to plaintiffs’ lawyers, or a few city halls get transferred to the NRA to be turned into firearms museums, might put the kibosh on unConstitutional gungrabs.

 Posted by at 4:04 pm