Veritas ghost
I just gave an opinion like nine judges do. We all have to create an
individual. Opinion what is best for me. Thanks
On Nov 17, 2021, 5:43 AM -0700, veritas ghost <guyettedamien8@xxxxxxxxx>, wrote:
Dibrell v. City of Knoxville 984 F.3d 1156 opinion of the court MURPHY,
Circuit Judge: The Supreme Court has repeatedly said that courts should look
to the common law to establish the rules for constitutional claims under 42
U.S.C. § 1983 because the statute "creates a species of tort liability." Heck
v. Humphrey, 512 U.S. 477, 483, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994)
(citation omitted). Yet the Court has just as repeatedly said that § 1983
does not permit courts to create rights in common-law fashion because the
statute merely vindicates rights found elsewhere—in the Constitution or other
federal laws. Graham v. Connor, 490 U.S. 386, 393-94, 109 S.Ct. 1865, 104
L.Ed.2d 443 (1989).
it depends on how you formulate what your doing, you can do it with the cloak
of the private attorney general and use either the statutes or do it and
remain at common law or even the bible or constitution. but as charley
pointed out its a slippery slope and you need to make sure you stay within
one line or the other. i shown multiple cases to only give one an idea of
which way they may want formulate their idea, as well as an example of how to
collect on it (42 usc 1988). not all of us want to do things the common law
route or have enough grounding in the knowledge of how to do so, though i
wish we all did and were
On Tue, Nov 16, 2021, 7:37 AM Charley Dan <charleydan@xxxxxxxxx> wrote:
I'll sum all of them cases up in this case. Yet the Court has just as
repeatedly said that § 1983 does not permit courts to create rights in
common-law fashion because the statute merely vindicates rights found
elsewhere—in the Constitution or other federal laws. Graham v. Connor,
490 U.S. 386, 393-94, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989).
Once one uses codes they must be very careful as here it states: 1983
does not get common law rights that are found in other parts of the
constitution. Those are found in articles of the constituition I
mentioned.
That is the same reason haebeus corpus does not work. It is operating in
their system making a claim under their 1983 rules which common-law is
found else where in the Constitution. Therefore, it is not a natural
man's claim.
Now for the case wanting extradition to the states. Being on American
soil should grant one sovereign rights. Even if he is a foreigner to the
United States of America.
On Nov 16, 2021, 6:10 AM -0700, veritas ghost <guyettedamien8@xxxxxxxxx>,
wrote:
leaving the first 3 cases with no quotes because i want people to look
at them.
norris v settles 2:2019cv10782
sexton v cernuto 21-1120
Soler v. County of San Diego Case No. 14cv2470-MMA
Dibrell v. City of Knoxville 984 F.3d 1156 opinion of the court MURPHY,
Circuit Judge: The Supreme Court has repeatedly said that courts should
look to the common law to establish the rules for constitutional claims
under 42 U.S.C. § 1983 because the statute "creates a species of tort
liability." Heck v. Humphrey, 512 U.S. 477, 483, 114 S.Ct. 2364, 129
L.Ed.2d 383 (1994) (citation omitted). Yet the Court has just as
repeatedly said that § 1983 does not permit courts to create rights in
common-law fashion because the statute merely vindicates rights found
elsewhere—in the Constitution or other federal laws. Graham v. Connor,
490 U.S. 386, 393-94, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989).
This case is clearly not covered by the holding of Preiser, for
petitioner seeks not immediate or speedier release, but monetary
damages, as to which he could not "have sought and obtained fully
effective relief through federal habeas corpus proceedings." Id., at
488. See also id., at 494; Allen v. McCurry, 449 U. S. 90, 104 (1980).
In dictum, however, Preiser asserted that since a state prisoner
seeking only damages "is attacking something other than the fact or
length of . . . confinement, and . . . is seeking something other than
immediate or more speedy release[,] . . . a damages action by a state
prisoner could be brought under [§ 1983] in federal court without any
requirement of prior exhaustion of state remedies." 411 U. S., at 494.
That statement may not be true, however, when establishing the basis
for the damages claim necessarily demonstrates the invalidity of the
*482 conviction. In that situation, the claimant can be said to be
"attacking . . . the fact or length of . . . confinement," bringing the
suit within the other dictum of Preiser: "Congress has determined that
habeas corpus
is the appropriate remedy for state prisoners attacking the validity
of the fact or length of their confinement, and that specific
determination must override the general terms of § 1983." Id., at 490.
In the last analysis, we think the dicta of Preiser to be an
unreliable, if not an unintelligible, guide: that opinion had no cause
to address, and did not carefully consider, the damages question before
us today. HECK v. HUMPHREY 512 U.S. 477
"[C]ourts have discretion to decide which of the two prongs of
qualified-immunity analysis to tackle first." al-Kidd, 563 U.S. at 735.
To be clearly established, a legal principle must have a sufficiently
clear foundation in then-existing precedent. The rule must be settled
law, which means it is dictated by controlling authority or a robust
consensus of cases of persuasive authority. It is not enough that the
rule is suggested by then-existing precedent. The precedent must be
clear enough that every reasonable official would interpret it to
establish the particular rule the plaintiff seeks to apply. Otherwise,
the rule is not one that every reasonable official would know.
D.C. v. Wesby, 138 S. Ct. 577, 589-90 (2018) (citations and quotation
marks omitted). It is not necessary for there to be "a case directly on
point, but existing precedent must have placed the statutory or
constitutional question beyond debate." al-Kidd, 563 U.S. at 741. "Of
course, there can be the rare `obvious case,' where the unlawfulness of
the officer's conduct is sufficiently clear even though existing
precedent does not address similar circumstances." Wesby, 138 S. Ct. at
590.
The "clearly established" standard also requires that the legal
principle clearly prohibit the officer's conduct in the particular
circumstances before him. The rule's contours must be so well defined
that it is clear to a reasonable officer that his conduct was unlawful
in the situation he confronted. This requires a high degree of
specificity. We have repeatedly stressed that courts must not define
clearly established law at a high level of generality, since doing so
avoids the crucial question whether the official acted reasonably in
the particular circumstances that he or she faced. A rule is too
general if the unlawfulness of the officer's conduct does not follow
immediately from the conclusion that the rule was firmly established.
Id. (citations and quotation marks omitted). "Notice to officials is
paramount; `the salient question' in evaluating the clearly established
prong is whether officials had `fair warning' that their conduct was
unconstitutional." Guertin, 912 F.3d at 932 (quoting Hope v. Pelzer,
536 U.S. 730, 741 (2002)). Jacobs v. Perry 1:20-cv-358
Lockdown News Roundup (9:37)
https://youtube.com/watch?v=NADZgGWvMv4
THEY WANT TO PHASE US OUT BUT WE HAVE OTHER PLANS FOR THEM (in the
words of south park "they ttoookkk yyeerr jjoobbss") you people really
need to start learning about cryptocurrency. their acting like there
isnt more advanced tech than in this video but you might want to think
about they want to do with the cryptos (tickers) xyo, and vet for
example. 14:31)
https://youtube.com/watch?v=8_tICuCZSNw
THE STRANGEST THING KEEPS HAPPENING AROUND AMERICA (11:48)
https://youtube.com/watch?v=CQ97sKyB760
NANO PARTICLES TO CONTAMINATE ENTIRE FOOD SUPPLY UNDER GUISE OF FOOD
SAFETY (alliance for science may 6, 2020
At the beginning of 2020, 97 experimental vaccines had been obtained
with this methodology, including plant-grown antigens for HIV, polio,
hepatitis B, rabies, HPV, cholera and tuberculosis, among other
pathogens. Work even has been carried out on the cultivation of
compounds against cancer and autoimmune diseases.
Some of the plant-based vaccines that have made it to advanced clinical
trials include a flu vaccine developed by Medicago, a Fraunhofer
malaria vaccine and ZMapp, a three-monoclonal antibody serum developed
by Kentucky Bioprocessing, which has already been used with patients in
outbreaks of Ebola from 2014-2015 and 2018-2019 in Africa. All these
vaccines were obtained through cultivation of GM tobacco.
Currently, plant-based drugs are already a reality and at least one has
entered the market: taliglucerase alfa, an enzyme grown in GM carrots
and obtained in bioreactors, which is prescribed as replacement therapy
for Gaucher disease. 2:16)
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CDC Investigators Going to University of Michigan to Look Into Influx
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Shot’
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AZ School Board President Refuses To Resign, Blames “Bad Actors” For
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Beto O’Rourke Running For Governor Of Texas – Says He Is Going After
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post with psaki under this post
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Psaki: “We are Not in the Middle of an Historic Economic Crisis Right
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Merriam-Webster Dictionary Adds ‘Fourth-Trimester’ to Describe Newborns
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Elites Discuss Redefining “Booster” Since They Are Not Sure How Many
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Christmas lockdown NOT ruled out (58 sec)
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It was two, now it’s three (34 sec)
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Former Senior Australian Military Doctor was Visited and Threatened by
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A NEW HOSPITAL CODE TO TRACK THE UNVACCINATED IT IS Z28.20 (1:47)
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Police Begin Checking Vaccine Passports to Enforce Austria’s Dystopian
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AVI YEMINI SUES FOR ACCESS TO DAN ANDREWS' PRESS CONFERENCES (3:19)
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I have hope (1:18)
https://odysee.com/@WEGOTAPROBLEM:f/i-have-hope:2
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