Videos tagged with Law Enforcement Immunity

This video breaks down the Supreme Court's unanimous 9-0 ruling in Martin v. United States, which strengthens citizens' ability to sue the federal government for wrongful actions by law enforcement. The ruling clarifies that the government cannot automatically claim immunity through the discretionary function exception when law enforcement officers make mistakes, such as raiding the wrong house. The decision emphasizes that liability under the Federal Tort Claims Act is judged by state laws, requiring courts to consider how a private person would be liable under similar circumstances. This ruling is significant for gun owners as it enhances accountability for government overreach and potential mistakes during raids.

This video discusses the Second Circuit Court of Appeals ruling in Kellogg v. Nichols, which grants CCW officials immunity from Second Amendment lawsuits. The host, Mark Smith, a constitutional attorney, argues this decision is flawed because judges acting as licensing officials are performing administrative duties, not judicial ones. He contrasts this with the ability to sue law enforcement officials for similar denials, highlighting an inconsistency in legal recourse for Second Amendment rights violations in New York.

Delaware has passed HB 222, a red flag bill officially termed a 'Lethal Violence Protection Order.' This legislation grants police departments immunity, both criminally and civilly, when seizing firearms, even if the seizure is deemed unconstitutional or results in damage to the property. The bill passed unanimously and is seen by critics as a significant infringement on Second Amendment rights and due process.