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SkyChief
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Re: Find the Aggression - Part 1
Reply #140 - Oct 7th, 2018 at 1:41pm
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The lying neighbor didn't kill the pet fox.

The Animal Control agent did.  The City is liable for torts caused by City employees (Police and Dog Catcher).

If anyone gets sued, it's the City.

The lying neighbor is a pucking frick, but he(she) could not have known the animal would be destroyed. 

Not liable.
  
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Jeff
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Re: Find the Aggression - Part 1
Reply #141 - Oct 7th, 2018 at 2:59pm
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SkyChief wrote on Oct 7th, 2018 at 1:41pm:
The lying neighbor didn't kill the pet fox.

The Animal Control agent did.  The City is liable for torts caused by City employees (Police and Dog Catcher).

If anyone gets sued, it's the City.

The lying neighbor is a pucking frick, but he(she) could not have known the animal would be destroyed. 

Not liable.
Intent to do harm is not necessary for a tort to occur.

Anyway, the government officials, police and animal control officers, have "qualified immunity" from civil damages. Unless you can show that you have a clearly established statutory or constitutional right to own a fox, you can't sue them for killing it.

It's bad doctrine for free people, but quite suitable for Kings.

http://www.patc.com/weeklyarticles/2016_qualifiedimmunity_chapman.shtml
  
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The Opposition
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Re: Find the Aggression - Part 1
Reply #142 - Oct 7th, 2018 at 4:07pm
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SkyChief wrote on Oct 7th, 2018 at 1:41pm:
The lying neighbor is a pucking frick, but he(she) could not have known the animal would be destroyed. 


I agree that he's not liable but I wonder what the point was of the lie if that ultimate conclusion wasn't exactly what the neighbour had in mind from the outset.
  

This moral relativism of yours is exactly what lets government take this freedom, then that freedom, until we have lost them all.
-SnarkySack
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SkyChief
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Re: Find the Aggression - Part 1
Reply #143 - Oct 7th, 2018 at 4:14pm
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Jeff wrote on Oct 7th, 2018 at 2:59pm:
, the government officials, police and animal control officers, have "qualified immunity" from civil damages.


Thanks for pointing that out.

Jeff wrote on Oct 7th, 2018 at 2:59pm:
It's bad doctrine for free people, but quite suitable for Kings.

its a horrible doctrine.  It all but guarantees that government officials will act irresponsibly.

Carte Blanche for law enforcement.   What could possibly go wrong?
  
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Jeff
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Re: Find the Aggression - Part 1
Reply #144 - Oct 7th, 2018 at 5:02pm
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SkyChief wrote on Oct 7th, 2018 at 4:14pm:
Thanks for pointing that out.

its a horrible doctrine.  It all but guarantees that government officials will act irresponsibly.

Carte Blanche for law enforcement.   What could possibly go wrong?
It doesn't apply only to law enforcement, it applies broadly to all government officials and employees. As long as it is plausible to say that they were engaged in their authorized duties, you have to prove a clear recognized (by SCOTUS) constitutional right to do whatever you were doing when they screwed you over...

Filling in some wet areas in your pasture? Don't like that the EPA swat team shot your dog and tore down some of your fences while driving into your wheatfield in their Bradleys?

Tough shit.

SCOTUS has never explicitly recognized your right to fill wet areas in your field.

They have recognized the power of the EPA to "regulate" how all the land in the U.S. is used.

Other alphabet agencies have overlapping authority...

It's no way to run a free and successful nation.


  
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Jeff
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Re: Find the Aggression - Part 1
Reply #145 - Oct 7th, 2018 at 5:06pm
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Hey, you might not have even imagined that that mucky place at the bottom of the back pasture was a protected wetland and part of the navigable waters of the U.S. Cheesy

No matter. SCOTUS has said you have no standing to complain, because they have never gotten around to saying the Constitution explicitly says you can fill mucky places on your property. Cry
  
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SkyChief
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Re: Find the Aggression - Part 1
Reply #146 - Oct 7th, 2018 at 11:45pm
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Jeff wrote on Oct 7th, 2018 at 5:06pm:
SCOTUS has said you have no standing to complain, because they have never gotten around to saying the Constitution explicitly says you can fill mucky places on your property. Cry
We collect rain-water from our property.

We subsequently found out that this is "illegal". 

Stupid laws are mostly ignored here.  ( And elsewhere, so I'm told.)

"If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

  
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Jeff
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Re: Find the Aggression - Part 1
Reply #147 - Oct 8th, 2018 at 6:37am
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SkyChief wrote on Oct 7th, 2018 at 11:45pm:
We collect rain-water from our property.

We subsequently found out that this is "illegal". 

Stupid laws are mostly ignored here.  ( And elsewhere, so I'm told.)

"If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

The problem is, when there are so many laws and 'regulations' given the force of law that nobody knows what is legal and what is not, enforcing the law becomes a matter of picking a target person and looking for some law they have broken.

Under such conditions, laws become nothing but potential tools of political repression.

Disobeying a law you think is unjust is not at all the same as unintentionally violating a law that you can't even imagine exists.
  
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SkyChief
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Re: Find the Aggression - Part 1
Reply #148 - Oct 8th, 2018 at 9:51am
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Jeff wrote on Oct 8th, 2018 at 6:37am:
Under such conditions, laws become nothing but potential tools of political repression.

Disobeying a law you think is unjust is not at all the same as unintentionally violating a law that you can't even imagine exists.

This is basically my point.  Laws encroach on the liberties of the ones who are forced to obey them.

We cringe every time the California legislature comes out with a new Law.  We know it will only make life miserable for somebody.

How pathetic is that?

Do any other states have this problem?
  
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Jeff
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Re: Find the Aggression - Part 1
Reply #149 - Oct 8th, 2018 at 7:02pm
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SkyChief wrote on Oct 8th, 2018 at 9:51am:
This is basically my point.  Laws encroach on the liberties of the ones who are forced to obey them.
That's not an inherent characteristic of laws, it just describes tyrannical laws and bad laws and laws unequally applied.

Unless you're thinking like the lizard and saying laws against theft interfere with your property rights?
  
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