
Episode 219: Unqualified Immunity
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The Fifth Circuit Grants Qualified Immunity to Prisoners
The Fifth Circuit and I'm not making this up. Three well respected judges of the Fifth Circuit unanimously hold that these prison guards are entitled to qualified immunity because there's no case on point involving holding somebody in what amounts to an open sewer. It goes to the Supreme Court and without even having any briefing or argument, the Supreme Court says that is so obviously wrong that we don't even need to hear any argument about it. Now think about that for a moment. And once again the Fifth Circuit said we're not saying that's okay, but we don't have a case on point that says you can't gratuitously harm somebody who happened to see what was going on."
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