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sovereign immunity litigators: suing Uvalde police possible here?

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Saffron Cracking University
  05/26/22
You’ll get in everywhere you apply!
flatulent violent cuckold
  05/26/22
Need a Texas lawyer to answer about state law claims, but I'...
Multi-colored dull dopamine corn cake
  05/26/22
A federal claim would have to be based on state-created dang...
lascivious volcanic crater
  05/26/22
Yes, but there's clearly no state-created danger here, just ...
Multi-colored dull dopamine corn cake
  05/26/22
See my edit to give an example of what I'm talking about. A...
lascivious volcanic crater
  05/26/22
Also, "failure to train" claims are extremely diff...
Multi-colored dull dopamine corn cake
  05/26/22
Agreed.
lascivious volcanic crater
  05/26/22
I heard like 70% of staTTTe court judge$ in TTTexas only hav...
Aphrodisiac territorial affirmative action center
  05/26/22
I'm no litmo, but I wonder if a clever plaintiff's lawyer co...
exciting fiercely-loyal point wrinkle
  05/26/22
Kind of mentioned above. They arguably took steps to make th...
Saffron Cracking University
  05/26/22
Difficult argument. Could be pled as §1983 against indi...
ocher senate
  05/26/22
no.
comical beta rigor halford
  05/26/22
Those cops violated those children's civil rights
aromatic lake macaca parlour
  05/26/22
you can sue govt agencies under various tort theories withou...
Saffron Cracking University
  05/26/22
The FTCA only applies to federal, not state or local, agenci...
Multi-colored dull dopamine corn cake
  05/26/22
sure, but i assume states have some analogous laws
Saffron Cracking University
  05/26/22
Yes, they have sovereign and local government immunity laws ...
lascivious volcanic crater
  05/26/22


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Date: May 26th, 2022 3:32 PM
Author: Saffron Cracking University



(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578715)



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Date: May 26th, 2022 3:36 PM
Author: flatulent violent cuckold

You’ll get in everywhere you apply!

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578737)



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Date: May 26th, 2022 3:38 PM
Author: Multi-colored dull dopamine corn cake

Need a Texas lawyer to answer about state law claims, but I'm doubtful since I've heard Texas has a very stingy tort claims act.

As far as federal law, there's no constitutional claim for failing to protect someone from harm by a private citizen. See Deshaney doctrine. So there's no liability in the first place and sovereign immunity doesn't come into the picture. That aside, actual sovereign immunity only applies to states (not municipalities) under federal law, through the Eleventh Amendment, but it's hard to recover against municipalities since they aren't vicariously liable for actions by their officers and you have to show a municipal "policy or custom" caused the harm.

So I'm doubtful they would ever see a cent from the police.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578745)



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Date: May 26th, 2022 3:40 PM
Author: lascivious volcanic crater

A federal claim would have to be based on state-created danger and against a municipality it would have to be under Monell (essentially a failure to train). I defended cops once in a suit based on husband shooting and killing wife. The wife's mother (on behalf of the estate) sued under theory that the cops returned guns to husband that had been confiscated during a domestic. So they gave him the ability to kill and he did. Stupid mom lost, but it was a nice try.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578759)



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Date: May 26th, 2022 3:42 PM
Author: Multi-colored dull dopamine corn cake

Yes, but there's clearly no state-created danger here, just a failure to act. And Monell is simply the name of the case which contains the "policy or custom" law I stated above.

So we're basically saying the same thing with different words.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578776)



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Date: May 26th, 2022 3:43 PM
Author: lascivious volcanic crater

See my edit to give an example of what I'm talking about. A plaintiff would have to prove the state took actions that made matters worse and enabled the shooter to kill. Otherwise, yes, I agree with you.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578781)



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Date: May 26th, 2022 3:44 PM
Author: Multi-colored dull dopamine corn cake

Also, "failure to train" claims are extremely difficult to win under Supreme Court precedent, e.g. https://en.wikipedia.org/wiki/Connick_v._Thompson

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578784)



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Date: May 26th, 2022 3:44 PM
Author: lascivious volcanic crater

Agreed.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578790)



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Date: May 26th, 2022 4:28 PM
Author: Aphrodisiac territorial affirmative action center

I heard like 70% of staTTTe court judge$ in TTTexas only have a GED. the real question is whether they support the parents and let you go to a jury or are back the blue turds.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44579043)



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Date: May 26th, 2022 3:51 PM
Author: exciting fiercely-loyal point wrinkle

I'm no litmo, but I wonder if a clever plaintiff's lawyer could make hay out of analogizing to failure to render aid. The parents were there and were eager to "render aid" themselves, but the police turned them away and then simply failed to do anything.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578842)



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Date: May 26th, 2022 3:52 PM
Author: Saffron Cracking University

Kind of mentioned above. They arguably took steps to make the situation more dangerous.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578849)



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Date: May 26th, 2022 4:32 PM
Author: ocher senate

Difficult argument. Could be pled as §1983 against individual local officers who detained parents without reasonable articulable suspicion or probable cause, but the courts are likely to invoke "exigency" to absolve the officers.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44579066)



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Date: May 26th, 2022 3:52 PM
Author: comical beta rigor halford

no.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578847)



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Date: May 26th, 2022 3:55 PM
Author: aromatic lake macaca parlour

Those cops violated those children's civil rights

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578873)



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Date: May 26th, 2022 3:56 PM
Author: Saffron Cracking University

you can sue govt agencies under various tort theories without claiming constitutional rights in many jurisdictions

see, eg, the federal tort claims act

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578878)



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Date: May 26th, 2022 4:18 PM
Author: Multi-colored dull dopamine corn cake

The FTCA only applies to federal, not state or local, agencies.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44578968)



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Date: May 26th, 2022 4:26 PM
Author: Saffron Cracking University

sure, but i assume states have some analogous laws

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44579023)



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Date: May 26th, 2022 4:36 PM
Author: lascivious volcanic crater

Yes, they have sovereign and local government immunity laws that waive immunity in only a few narrowly tailored situations involving negligence (e.g., failure to maintain a roadway). Police protection is never one of those situations.

(http://www.autoadmit.com/thread.php?thread_id=5117557&forum_id=2#44579092)