<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Pennsylvania man beat up and arrested after questioning officer&#8217;s illegal parking (Updated)</title>
	<atom:link href="http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/</link>
	<description>It's a First Amendment Right</description>
	<lastBuildDate>Sun, 26 Jun 2011 02:03:25 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: David R. Menapace</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-23755</link>
		<dc:creator>David R. Menapace</dc:creator>
		<pubDate>Thu, 13 May 2010 05:28:52 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-23755</guid>
		<description>Mr. Miller, I appreciate your work. Do you have an update on the Ron Doyle case. I am a CBurg resident and would love to know the outcome. Thanks</description>
		<content:encoded><![CDATA[<p>Mr. Miller, I appreciate your work. Do you have an update on the Ron Doyle case. I am a CBurg resident and would love to know the outcome. Thanks</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Ariel</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-19022</link>
		<dc:creator>Ariel</dc:creator>
		<pubDate>Mon, 25 Jan 2010 21:55:35 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-19022</guid>
		<description>This is the operant phrase for qualified immunity: &quot;protects government officials . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.&quot; Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)

Even in this seemingly clear definition, it&#039;s amazing how many angels dance on the head of a pin (judicial interpretation of circumstances). The following blog http://www.section1983blog.com is worth following as to how convoluted judicial thinking can be to err on the side of the officer or prosecutor (who have essentially been given de facto absolute immunity).

I agree wholeheartedly with qualified immunity. But I also agree with the following by Roy Kerns: &quot;However, what about cases where said officials openly and willfully did something they very clearly should have known not to do?
I claim the response obvious: they should personally bear some of the costs. &quot; Not collect trial OT, then suspension pay, and then move to another jurisdiction. When you knowingly harm someone, you are civilly libel for damages.

But, unfortunately, there is common sense decency, the Law, and the System. They are not one and the same.</description>
		<content:encoded><![CDATA[<p>This is the operant phrase for qualified immunity: &#8220;protects government officials . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.&#8221; Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)</p>
<p>Even in this seemingly clear definition, it&#8217;s amazing how many angels dance on the head of a pin (judicial interpretation of circumstances). The following blog <a href="http://www.section1983blog.com" rel="nofollow">http://www.section1983blog.com</a> is worth following as to how convoluted judicial thinking can be to err on the side of the officer or prosecutor (who have essentially been given de facto absolute immunity).</p>
<p>I agree wholeheartedly with qualified immunity. But I also agree with the following by Roy Kerns: &#8220;However, what about cases where said officials openly and willfully did something they very clearly should have known not to do?<br />
I claim the response obvious: they should personally bear some of the costs. &#8221; Not collect trial OT, then suspension pay, and then move to another jurisdiction. When you knowingly harm someone, you are civilly libel for damages.</p>
<p>But, unfortunately, there is common sense decency, the Law, and the System. They are not one and the same.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Supernintendo Chalmers</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-19000</link>
		<dc:creator>Supernintendo Chalmers</dc:creator>
		<pubDate>Mon, 25 Jan 2010 17:37:19 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-19000</guid>
		<description>is it &quot;ka-ching&quot; or &quot;cha-ching&quot; when the state&#039;s cash register opens and pays out a 5-figure settlement for abuse of power by public employees?  

i always thought cha-ching sounded better, but ka-ching has a nice ring to it also.</description>
		<content:encoded><![CDATA[<p>is it &#8220;ka-ching&#8221; or &#8220;cha-ching&#8221; when the state&#8217;s cash register opens and pays out a 5-figure settlement for abuse of power by public employees?  </p>
<p>i always thought cha-ching sounded better, but ka-ching has a nice ring to it also.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: torgeaux</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-18979</link>
		<dc:creator>torgeaux</dc:creator>
		<pubDate>Sun, 24 Jan 2010 23:19:27 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-18979</guid>
		<description>Yeah, I&#039;m not holding my breath waiting for you to admit you were wrong.

You&#039;re the johnny law of the other side of the issue.</description>
		<content:encoded><![CDATA[<p>Yeah, I&#8217;m not holding my breath waiting for you to admit you were wrong.</p>
<p>You&#8217;re the johnny law of the other side of the issue.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: genewitch</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-18975</link>
		<dc:creator>genewitch</dc:creator>
		<pubDate>Sun, 24 Jan 2010 21:09:56 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-18975</guid>
		<description>HAHA!</description>
		<content:encoded><![CDATA[<p>HAHA!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Carlos Miller</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-18972</link>
		<dc:creator>Carlos Miller</dc:creator>
		<pubDate>Sun, 24 Jan 2010 18:38:15 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-18972</guid>
		<description>Well I was already convicted for writing my opinion here. Fortunately, I ended up reversing the conviction on appeal.

In the appellate court&#039;s own words, my blog was used against me.

http://carlosmiller.com/2009/12/22/one-down-one-to-go/</description>
		<content:encoded><![CDATA[<p>Well I was already convicted for writing my opinion here. Fortunately, I ended up reversing the conviction on appeal.</p>
<p>In the appellate court&#8217;s own words, my blog was used against me.</p>
<p><a href="http://carlosmiller.com/2009/12/22/one-down-one-to-go/" rel="nofollow">http://carlosmiller.com/2009/12/22/one-down-one-to-go/</a></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: kalidas</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-18971</link>
		<dc:creator>kalidas</dc:creator>
		<pubDate>Sun, 24 Jan 2010 17:49:38 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-18971</guid>
		<description>Bang! Stop or I&#039;ll shoot!
That&#039;s how they do it these days.

Also, the newest illegality; bad attitude.
It&#039;s now illegal to have a &quot;bad attitude.&quot;

I agree with A. Magnus.
How long before we the people adopt our own new rule?

You know, when I see you (the cops) I&#039;m just going to start shooting and consider it self defense.</description>
		<content:encoded><![CDATA[<p>Bang! Stop or I&#8217;ll shoot!<br />
That&#8217;s how they do it these days.</p>
<p>Also, the newest illegality; bad attitude.<br />
It&#8217;s now illegal to have a &#8220;bad attitude.&#8221;</p>
<p>I agree with A. Magnus.<br />
How long before we the people adopt our own new rule?</p>
<p>You know, when I see you (the cops) I&#8217;m just going to start shooting and consider it self defense.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: A. Magnus</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-18970</link>
		<dc:creator>A. Magnus</dc:creator>
		<pubDate>Sun, 24 Jan 2010 17:42:44 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-18970</guid>
		<description>People who believe the cops are always right should move to communist China, where their views are held as law. In this country you have a right to resist unlawful arrest - meaning capricious arrest made from vindictive charges - with all means necessary. Google it if you don&#039;t thinks so. Those troopers should be glad they live in the U.S. and not Pakistan, where people would have wiped them out with an AK without batting an eye. Why is it the third world respects individual rights more than the POS-police lovers here?</description>
		<content:encoded><![CDATA[<p>People who believe the cops are always right should move to communist China, where their views are held as law. In this country you have a right to resist unlawful arrest &#8211; meaning capricious arrest made from vindictive charges &#8211; with all means necessary. Google it if you don&#8217;t thinks so. Those troopers should be glad they live in the U.S. and not Pakistan, where people would have wiped them out with an AK without batting an eye. Why is it the third world respects individual rights more than the POS-police lovers here?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: kalidas</title>
		<link>http://carlosmiller.com/2010/01/22/pennsylvania-police-beat-up-and-arrested-after-questioning-officers-illegal-parking/#comment-18969</link>
		<dc:creator>kalidas</dc:creator>
		<pubDate>Sun, 24 Jan 2010 17:38:40 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9434#comment-18969</guid>
		<description>How long before they arrest and beat up everyone here writing in their opinions?</description>
		<content:encoded><![CDATA[<p>How long before they arrest and beat up everyone here writing in their opinions?</p>
]]></content:encoded>
	</item>
</channel>
</rss>

