Short Circuit 275 | All Constitutional Law is Procedural Nonsense
Jun 8, 2023
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Guests include IJ attorneys Paul Avelar, Arif Panju, and Ari Bargil. Topics cover recent IJ appellate victories, challenges in the environmental court, police abuse and excessive force, criticism of Harris County law enforcement, 'clearly established' in constitutional law, and interlocutory appeals and qualified immunity.
Challenging unfair court practices is essential to protect individuals' constitutional rights.
Accountability and the establishment of clear precedents are crucial in addressing excessive use of force by police officers.
Deep dives
Challenging Unconstitutional Court Practices
The podcast discusses a case in which a court system resulted in unfair and unconstitutional practices, ultimately leading to people losing their homes. The case focused on a court that was originally intended to deal with abandoned homes, but ended up targeting individuals based on subjective opinions of their home's condition. The court lacked proper rules and procedures, had no records of proceedings, and limited the ability to raise constitutional claims. The podcast highlights the importance of challenging such court practices to protect individuals' rights.
Excessive Use of Force by Police
Another case discussed in the podcast involved the excessive use of force by police officers during a raid on a couple's home. The raid was based on a falsified affidavit, resulting in the deaths of the couple and their dog. The court determined that the excessive use of force claims against the officers could proceed, as well as a claim against the supervisor for failure to train. The lawsuit challenges the qualified immunity defense often used by officers, emphasizing the need for accountability and the establishment of clear precedents.
Procedural Challenges and Judicial Engagement
The podcast reflects on the challenges faced in addressing constitutional violations, particularly due to procedural obstacles. It emphasizes the importance of judicial engagement in ensuring proper checks and balances on government power. The discussion highlights the need for fair and effective court procedures, as well as the role of litigators in bringing cases that challenge unconstitutional practices. Overall, the podcast encourages active engagement and vigilance in protecting constitutional rights.
Local Code Enforcement and Property Rights
The podcast brings attention to the potential abuses of local code enforcement and its impact on property rights. It highlights the problems of neighbor complaints and subjective enforcement, leading to legal actions that can result in devastating consequences, such as the loss of homes or significant fines. The importance of challenging these code enforcement practices and advocating for property rights is emphasized.
IJ attorney Paul Avelar seizes the means of production (and the Short Circuit microphone) and hosts this week’s episode, live from IJ’s annual Law Student Conference. He’s joined by IJ attorneys Arif Panju and Ari Bargil, who come on to demonstrate that they are, in fact, different people. Arif first details a recent IJ appellate victory in the Sixth Circuit, where Judge Sutton once again explained that if your name is not “Rooker” or “Feldman” then the Rooker-Feldman doctrine most likely does not apply. Arif also gives the facts of the tragic story of what our clients went through before the “Environmental Court” in Memphis, Tennessee, and where the lawsuit challenging its Kangaroo nature now stands. Then Ari digs into a police raid gone horribly wrong in Harris County, Texas. Not exactly a story of the Lone Star State’s finest, as the Fifth Circuit recently indicated. There’s also much ado about procedure.