Yet Another Holiday We Can Argue About Celebrating
Happy Repeal Day, everybody.
by Jaybird · December 5, 2013
Happy Repeal Day, everybody.
Jaybird
Jaybird is Birdmojo on Xbox Live and Jaybirdmojo on Playstation's network. He's been playing consoles since the Atari 2600 and it was Zork that taught him how to touch-type. If you've got a song for Wednesday, a commercial for Saturday, a recommendation for Tuesday, an essay for Monday, or, heck, just a handful a questions, fire off an email to AskJaybird-at-gmail.com
May 12, 2020
March 30, 2019
May 26, 2011
[caption id="attachment_361266" align="alignnone" width="640"] Screengrab from WIVB Buffalo Channel 4 News[/caption]
Still a developing story, but what we know so far points to an utterly depraved act of violence at a Buffalo supermarket.
Comment →Ten people were killed and three others suffered non-life-threatening injuries and were transported to local hospitals after a mass shooting at a supermarket on Buffalo’s East Side Saturday afternoon.
The shooter was an 18-year-old white male who was heavily armed with tactical gear and was live-streaming during the mass shooting, officials said. City of Buffalo Mayor Byron Brown said the shooter is not from Buffalo and traveled “hours” from outside the area.
“This was pure evil,” Erie County Sheriff John Garcia said. “A straight-up racially motivated hate crime.”
The shooter was identified in court Saturday evening as Payton S. Gendron of Conklin, New York, about 200 miles southeast of Buffalo.
Gendron was arraigned on one count of first-degree murder without bail.
The 18-year-old will be back in court on Thursday at 9:30 a.m. for a felony hearing.
When Gendron exited his vehicle at the supermarket, authorities said, he shot four people in the parking lot. Three of them died and one is in the hospital. The shooter entered the store and opened fire on customers.
Twitch deletes shooter’s live-stream video of Buffalo mass shooting
A retired Buffalo Police officer, Aaron Salter, who was working as a security guard, shot Gendron but he was unharmed because he was wearing armor, Gramaglia said. The retired officer was shot and killed.A law enforcement source told CBS News that the gunman had a racial slur written on his weapon. The attack is being treated as a hate crime.
Erie County District Attorney John Flynn will not confirm the existence of the shooter’s manifesto. He said they believe there was a “racial component” to the attack but won’t say more.
This attack is being investigated by the FBI as a hate crime and as violent extremism.
Police officers could frame people, file bogus charges, conjure evidence out of thin air—and, in most of the U.S., they would still be immune from facing any sort of civil accountability for that malicious prosecution. Until yesterday.
---
Yesterday, the highest court in the country struck that requirement down, ruling that Thompson should indeed have a right to sue the officers at the center of his case. "A plaintiff such as Thompson must demonstrate, among other things, that he obtained a favorable termination of the underlying criminal prosecution," wrote Justice Brett Kavanaugh for the U.S. Supreme Court. "We hold that a Fourth Amendment claim…for malicious prosecution does not require the plaintiff to show that the criminal prosecution ended with some affirmative indication of innocence."
From THOMPSON v. CLARK ET AL.:
Held: To demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under §1983 for malicious prosecution, a plaintiff need not show that the criminal prosecution ended with some affirmative indication of innocence. A plaintiff need only show that his prosecution ended without a conviction.
Thompson has satisfied that requirement here.
Thompson v. Clark was decided 6-3. (Alito wrote the dissent, with Thomas and Gorsuch joining.)
Comment →Government By Performativeness is a Failure
May 17, 2022
The Return of the Bedroom Police
May 9, 2022
Student Loan Forgiveness: Watch What Unfolds from Here
April 28, 2022
April 26, 2022
The Demise of the Big Tent Made Us Stupid
May 6, 2022
Recently comments that included the strings "zed" or "doug" were sent immediately to trash. This should be fixed now.
This should be the day when every governmental body, from the smallest town council to the mighty federal government, is required to identify & repeal at least one (or maybe 1% of) useless/harmful law from it’s books.
Governments could find the laws themselves, or (even better) ask the effected citizenry to suggest & vote on the laws during the year.Report
But we need those spittoon placement laws! For the children! If it saves even one life!Report
Prohibition by Frank P. Adams:
Prohibition is an awful flop.
We like it.
It can’t stop what it’s meant to stop.
We like it.
It’s left a trail of graft and slime,
It won’t prohibit worth a dime,
It’s filled our land with vice and crime.
Nevertheless, we’re for it.Report
Sad but true. Even when it was clear that Prohibition was a tremendous failure, it still was supported by the majority of Americans like the war on drurgs. The more things change, the more they remain the same.Report
Do you know his most famous piece of verse?Report
The actual repeal of Prohibition wasn’t that big of a celebration. The photos of happy drinkers that are used to show the end of Prohibition are actually celebrating a law that allowed the drinking of beer and light wines after FDR was inaugerating.
The Drys attempted to defeat the beer law but were silenced by all the Wets in Congress chanting “Vote, vote, vote. We want beer.” Best end of debate in Congress ever.Report
Indeed it would be a new birth of freedom if all the “No shooting sperm whales from your Conestoga on Sunday in Nebraska” type laws were repealed.Report
At the very least, such an annual event could foster a greater public awareness of the laws governing our daily lives & bring to the forefront the existence of bad laws.Report
I’d settle for congress actually reading bills they will vote on rather than telling folks that they must vote on before you can know what is in it a la Nancy Pelosi and Obamacare. Of course if they read Obamacare they would have know Obama was lying about it.Report
Why do you hate sperm whales?Report
To God, every one is sacred.Report
@glyph
FTW!Report
@glyph
Even Prince Charles?Report