Five-O Fails! 😳 Fuzz Fumbles Immunity by Handcuffing 10-Year-Old!

[@fatherinexile]

2024.06.14 US Ninth Circuit Court of Appeals Written Decision: cdn.ca9.uscourts.gov/datastore/memoranda/2024/06/26/23-15507.pdf? News Story: reason.com/2024/07/09/9th-circuit-rejects-qualified-immunity-for-honolulu-cops-who-handcuffed-10-year-old-girl/ Lose 2A Rights for Mean Emails! 😳 Susan Bassi’s Emails That Disturb the Peace Are Domestic Violence! kzbin.info/www/bejne/hnyyZ6SHnJKWaNE Father Gets $$$ From Corrupt El Dorado County, CA: kzbin.infoi21jCcpJF7w?si=YiLrHHqIxxJcXp2j False Arrest Body-Cam One! 😳 El Dorado County, CA Obtains Warrant by Fraud & NV AG Participates!:kzbin.info/www/bejne/pXuypZp5rM1phbc Kidnapper Judge Cindy Hendrickson Revokes Illegal Order 😳 (2023)! Admits Denying Me Due Process! kzbin.info/www/bejne/noPEiWOdbNeaiZo Ring Camera! Kidnapping Coppers Exposed! 😳 Admit I Reported Corruption But Refuse to Investigate! kzbin.info/www/bejne/hX-4g2N9gZ6JpcU Father Exposes Santa Clara Superior Court Complaint Shredding Operation: kzbin.info/www/bejne/q2WtdJZqprRmZtE Another Interesting Case (lots more on my channel): Lawyer Cites Fake Cases! 😳 Parent's Civil Rights Appeal Thrown Out Due to Professional Misconduct! kzbin.info/www/bejne/Z5_Qoo2mhcyZoKc UNLIMITED IMMUNITY! 🙄 State Judges Are Supreme Beings! But You Can Win Declaratory Relief! 42USC1983 kzbin.info/www/bejne/iHe9dHSaj8p8qdE Gangsta CPS Loses Immunity! 😳 Demands the Right to Lie to Violate Citizens & Kidnap Kids! kzbin.info/www/bejne/op27op-Bd8R0g6csi=q974eNTgxew4MKqE ----- I'm just trying to be a dad after my kids were abducted. Why I am the Father in Exile: How to Fight Corrupt Family Court (Expose it!) kzbin.info/www/bejne/pofKppeQqbOMn7M Voter Fraud and Abduction Admission Caught on Court TV in NV kzbin.info/www/bejne/gGqploqGgKp5pZo Judicial Misconduct & Rights Violations Caught on Court TV - Santa Clara, CA Judge Roberta Hayashi kzbin.info/www/bejne/kJjSmGCEgauseZo Secret Judge Club Exposed 😳 at Corrupt California State Bar Meeting! (2023) kzbin.info/www/bejne/gnm1hYSeZbyHj80 Santa Clara County California Superior Court Judges Who Deny Due Process and Participate in Misconduct and Felonies: Roberta Hayashi, Cindy Seeley Hendrickson, Brooke Blecher, Thomas Kuhnle. Transcripts and Filings Will be Released Publicly on this Channel.

[@havenbastion]

The fact that handcuffing a ten year old for a drawing is even debatable is an indictment of the entire system.

[@5400bowen]

That's for sure.

[@TERRY-cb2ku]

Qualified immunity should never have been a thing.

[@thomasgirty6397]

and it's being used completely backward's. it was never to be used as a end all, be all. was to be ONLY for certain case's.

[@vestel777]

Qualified Immunity isn’t an actual Law.

[@castlesteve1]

I can see there would be a wave of lawsuits against all police officers if the immunity was taken away. I think an independent investigation would be warranted.

[@wessltov]

As we can hear in this video, it didn't even relieve courts of their over-full dockets; it just flipped the party that's gonna spam multiple courts with motions

[@havenbastion]

Legal fictions are always incompatible with justice.

[@TheOneandOnlyD-R-E]

Qualified immunity needs to go. Cops should know the law.

[@FabrizioPati-i6f]

Hearing about cases like this the first reaction is to abolish qualified immunity, but in a country like the US where you can be sued for saving someone's life with CPR I don't think that's the right choice. However, I am leaning towards a very broad revision of IQ

[@TheOneandOnlyD-R-E]

@@FabrizioPati-i6f nah. QI needs to go. Cops should be licensed and bonded thru their department or union. That way, accountability is where it belongs, on them instead of the taxpayers. It would also get rid of bad cops to a degree because if they had high premiums or were unable to be insured, then they'd be unhireable.

[@FabrizioPati-i6f]

@@TheOneandOnlyD-R-E The simplest solution is never the right one, and if you think about it with a clear mind you will also understand that by not providing some type of shield, everyone, even for trivial reasons or out of spite, could sue a cop. The US is too litigious a country for a job like that of a policeman to be done well without some kind of shield. What other countries do you know where if you save your life with CPR you are not safe from lawsuits?

[@TheOneandOnlyD-R-E]

@@FabrizioPati-i6f They're not above the law, hun. QI and internal investigation just make them (and you, seemingly) think they are. They should be held to a higher standard, not a lower one. Giving them a protective shield has led to over 1200 people and countless pets unalived every year. They don't need protection from us. The people are the ones in need of protection. Police work isn't even in the top 15 of the most dangerous jobs. I also don't appreciate the insinuation that I'm not of a clear mind just because I don't agree with you. You're incorrect, so why would I? Sounds like some gaslighting cop 💩 to me.

[@FabrizioPati-i6f]

@@TheOneandOnlyD-R-E I apologize if I gave you the impression of thinking you were out of your mind, but by "clear reasoning" I meant an analysis that did not deal with the topic on a black/ white basis but analyzed the entire intermediate spectrum of solutions and possible problems arising from their implementation. . We two have the same perception of the problems arising from IQ, but we lean towards different solutions. In many European states, those who practice CPR have a legal shield that protects them from reckless lawsuits, so you can understand why I don't find the idea itself wrong but only the way in which it is implemented

[@greebuh]

Drawings are First Amendment protected speech

[@greebuh]

How the hell have we let the government have more privileges than we have rights

[@wadestanton]

By using portraits of slavers as US National currency, -1. How much more plain can it be?

[@DarrinKemp-lr1cz]

​@@wadestanton we both know the toddler would get mag dumped for having a threatening diaper.

[@wadestanton]

@@DarrinKemp-lr1cz If the K9 officer didn't get to the dirty diaper first.

[@charlie15627]

You mean they can’t handcuff 2 yr olds for throwing a fit!?!?!?! It’s the end of the WORLD! The only way a cop can keep us safe is if he’s allowed to handcuff toddlers.

[@ygrittesnow1701]

Just imagine a 2 year old in the throws of a tantrum being charged with battery on an officer. True heroes.

[@truelove-wx4bw]

👮👿💩🤪🌍🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣

[@MARKLARverklas]

@@ygrittesnow1701 THE POLICE WOULD ABSOLUTELY CHARGE A 2YO AS WELL AS SHOOT A 2YO "FOR OFFICER SAFETY " REMEMBER EVERYONE EXCEPT POLICE HAVE "LIMTED VALUE "

[@dianarockwell6256]

There is a former cop in New York State who is now running for Congress who for retaliation for the parents handcuffed a six month old baby. You heard that right.

[@ygrittesnow1701]

@@dianarockwell6256 Did Barbie come out with a new handcuff accessory I wasn't aware of?

[@Trippy123-kw6jo]

Principal pulls the student in ask him what the heck he’s doing drawing a picture threatening other students and calls the parents and explains the situation tell them to straighten their kid out and the problem is solved. Why is there some asshole American cop called to handle this simple teacher parent matter and he fucks it up like they always do and now the courts need to get involved in the taxpayer dime?

[@fatherinexile]

Because most government workers are #TaxpayerDefrauders and don’t care.

[@michaelherring7210]

Right, when I was a kid the school and parents worked together to discipline children. Now they just call the cops to feed the school to prison pipeline.

[@5400bowen]

That is the right perspective.

[@FreedomRob8174]

Our country is done, finished, over with when a child can't draw a picture!! Drawings from children could mean anything, example: could've been a drawing of a dream or something they saw in a movie or video game. And they probably don't understand what they draw. Where in the world is the intelligent, logical, common sense for "smart and educated" adults to think that children actually sit down and thinks about evil terroristic drawings!! This crap is unbelievable in America... I'm 63 years old and have watched this country go to hell and I've started about 25 years ago hating my country more and more everyday because of stupid crap like this. There are FAR more effective ways to have handled this other than "terrorising" a child. So who was the actual terrorists, the child or the government?

[@ComboMuster]

Absolutely on the point. It beggars belief that a 10yo can be arrested on suspicion of terroristic threats. These days with this insane woketard craziness nothing makes sense anymore.

[@jimosborne2]

I am 73 and agree that this is a far different country than the one I grew up in. As to the police, they are now in most areas completely militarized- an us versus them mentality- a complete lack of understanding of the constitution and an above the law mentality thanks to qualified immunity.

[@ianbattles7290]

Notice how "safety" always comes at the expense of somebody's freedom???

[@frankmoore3598]

Again , legalese . Is there a case that says you can’t handcuff a 10 year old for a picture ? Do we really need one

[@havenbastion]

Intelligent people do not. That's not what we're dealing with here.

[@sudipghosh5774]

Sadly the trained taxpayer funded officials need something in writing to know what everyone else knows.

[@damonday3451]

No we don’t. They have a second prong that basically says if it’s common sense or not. This would fall under that one.

[@geekchameleon]

I'm about the same age as the judge in the middle. It's an absolute lie that kids didn't bring weapons to school when we were 10. Most boys I knew carried pocket knives and every single high school allowed students to keep their hunting rifle in their cars and trucks.

[@dianarockwell6256]

26:08 they are completely forgetting this child is disabled. They are also completely forgetting that in Florida they handcuffed a six year old in school. And then proceeded to berate her and lecture her on the way to the police department. Cops have it in their heads that they are the judge, the jury, and the executioner. The reason I say that is the number of young people that are dead in the streets because a cop said they did something when when you look at the video tape they didn’t. The cops just wanted to prove a point. The cops taste a seven year old in a Victoria’s Secret because they were accusing the mom of stealing but they hadn’t even left the store. You cannot treat a child especially a disabled child as an adult. Children do not look at the world and compare their intent or actions to it. They look at themselves and their immediate world which is their family and their classmates and their friends. What this is going to do is make this child afraid of the police and she was not participating in any scared straight program. The parents did not give consent for this. The cops had no right to escalate this that far. The school had no right to escalate it that far without talking to the parents and the students exhaustively. Maybe pull in your school counselor, isn’t that their job?

[@Carsonb55]

There should never be "qualified immunity". for anyone, especially cops!

[@monikaramirez8067]

Not the cop's job to parent, or to use his powers of sanctimony to punish a child.

[@monikaramirez8067]

That's why you punish ACTIONS, not possibilities.

[@johnsomich7890]

“We are under a qualified immunity regime”…. Terrifying. Is qualified immunity a law or just a “cover our ass” loophole devised by the court?

[@joekev27]

Qualified immunity is like the definition of the road to hell is paved with good intentions.

[@havenbastion]

That's the crossover from rule of law to rules based order, ala tyranny.

[@FabrizioPati-i6f]

Exactly what I wrote a couple of days ago commenting on the 1982 Supreme Court decision

[@darksaint0124]

There were never good intentions behind it. Congress passed a law that said we get to sue government workers when they screw up. They didn't mice words. The courts in all of their infinite stupidity decided that the law needed to not be the law and they just started making up the law.

[@jimmyrussell7845]

Qualified immunity has no basis in Law. per 5th curcuit

[@jlindsey8821]

Imagine arguing the justification for handcuffing an 10yr old child

[@JohnEllis-k3s]

Every state should strip qualified immunity

[@tawanawatson3052]

I am sitting here listening to professional adults defending the act of handcuffing a 10 year old CHILD! 🤔 FOR A DRAWING! 🤦‍♀️

[@fatherinexile]

🤦‍♂️

[@madaknevarski6478]

qualified immunity = license to do as you please

[@michellerodahl4659]

Wow, these judges are as harsh as the officers who arrested this disabled child. Holy cow! Oh, so two parents get their feelings hurt and cops want to be tyrants. That's what it's all about. That blonde judge is ridiculous. PS: I really dislike the cop attorney. Yuck!

[@dianarockwell6256]

26:08 In that context of the lawyer scribbling on a piece of paper that he’s going to do whatever, you would probably not arrest him without interrogating him first. This goes back to our children not being granted their constitutional rights on a regular basis.

[@crinklecut3790]

That young lawyer seemed more knowledgeable and intelligent than all of the judges combined. Glad they came to the right decision though.

[@nadinevalent4436]

the boy in front of me in grade school, always drew Army scenes planes ,bombs, tanks. He just got in trouble for not paying attention. She made him chalkboard eraser cleaner. He got to go outside during class to clean erasers. SHE was a great teacher

[@5400bowen]

I think that was me ! Mrs. Hayes at Sunset Elementary at 64th and Osborne, Phoenix?

[@tracyevans9012]

Sounds like the judges think this was all ok. Police should not have qualified immunity.

[@Adam-je2cp]

And judges shouldn't have judicial immunity

[@tasker6669]

@@Adam-je2cp yes they should - the damage to the allready strechted system wuould be imense if judical immunity would be erased. And to talk about drawbacks about erasing judical immunity - the person with the most money will likley win future cases, cause they could always sue the judge and when the judge rule against them they sue them too endless loop with no resulotuin inside. However i agree the current judicial immunity make it nearly impossible to hold a judge accounteble. Something should be done, but if you aske me a solution that would work in the current system is unachiveble (im talking about the current system).

[@corsairsofnarshaddaa]

When people argue we're not living in a police state, I'd point to this.

[@leopdion5976]

its disturbing that this discussion went so far. The arrest is outrageous.

[@fatherinexile]

🎯🎥👮‍♂️👨‍⚖️📸♾️

[@sethfroman7044]

Hey Judge, nothing wrong with our youth “questioning or not respecting authority”. Jeeeeze.

[@brianruss6453]

Why isnt common sense taken into account under qualified immunity? These are Adults who are wearing guns and armorr and everything else yet cant calmly walk a 10 yr old to a car. Is this the biggest toughest 10 yr old in the world. Seems a little common sense would go a long way and save a ton of tax payers money

[@ricladouceur6202]

It's unbelievable that they gave them qualified immunity for arresting someone without probable cause as though police shouldn't know that and you need another case like this to affirm it! That's ridiculous.

[@rhodes1948]

American policing ,law completely astounds me

[@sethfroman7044]

Imagine being the lawyer defending the arrest of a 10 year old over a drawing?? Yike.

[@Adam-je2cp]

A couple of decades ago, i did a self-portrait of me as the devil in middle school art, and they claimed they threw it away without ever giving me notice to take it or it would be thrown away.

[@dangeary2134]

So, this is ultimately a witch hunt, trying to find one child to pin this all on. What a joke.

[@BirdyP]

Handcuffing a 10 year old..... My god that poor childs going to have some serious trauma to overcome. 😭🫢 🙏🙏🙏

[@fatherinexile]

Imagine my kids who were taken from me at gunpoint 3 years ago on a California warrant Nevada Attorney General Aaron Ford knew was obtained by fraud. I haven’t seen them since 😢

[@16MedicRN]

​@@fatherinexileI've been following you for a minute. I'm infuriated by the treatment of your children, and you. Do you even know where they live? How's your adopted pit bull puppy? I just rescued one off the streets. Named him Arthur. Have him listed with the County as 'found', but I don't think anyone's coming for him. If they do, they need to explain his scars.

[@fatherinexile]

@@16MedicRN I haven't forgotten you. Great to hear about Arthur. She fled from Tahoe to San Jose with my kids where they are giving her safe heaven. I have the second federal case filed there. Haven't served it yet, because I have been working on other priorities. But I'm going after all of them. George learned how to shake hands today. Guava is great. We will do more dad joke shorts soon.

[@16MedicRN]

​@@fatherinexileSo much love sent your way ❤You speak for fathers everywhere.

[@mahgrew1004]

​@@fatherinexileI'm so sorry iv been there ..my kids fought dcf with everything I gave them. And yes I did file a complaint on a supervisor that almost ran my 3 yr old and me in a cross walk , speeding no lights no sirens and he pulled up to the drive thru for a coffee . Yup vindictive evil pigs.

[@errantwraith445]

Watching leos try to justify their nonsense In court Is amazing.

[@geoffreyfield6686]

#endQI. It's getting out of control.

[@joeryanstrialbook2005]

What! We arrested a ten year old on the claim of "terroristic threatening" based on the fact she drew a picture? Really? The world we live in.

[@johnsomich7890]

I cringe every time I hear the words “qualified immunity”. An excuse for being ignorant involving individuals employed by the government to enforce laws is ludicrous!

[@jamesderr1344]

Only in the US, the country that leads the world in the incarceration of its citizens, many of which are incarcerated for victimless crimes, do we have to come up with evidence of a police officer being charged for a crime that anyone with common sense would not have committed. How in the world can we find case law of handcuffing a 10 year old child for Free Speech when no one in their right mind would do such a thing. That’s like saying, Judge, I didn’t know it was wrong to shoot an innocent victim in handcuffs, so therefore I am not responsible for my actions.

[@michaelherring7210]

So isn’t a drawing freedom of expression? I would also say excessive force was used. What threat exactly was this 10 year old girl? These cops and their lawyers want us to believe they didn’t know it was wrong?

[@johnsomich7890]

Someone needs to call in a welfare check for the officers children… a “time out” for them could be being handcuffed to the floor of the basement closet!

[@dianarockwell6256]

21:56 OK what’s your all feeling to realize is that a child of 10 who’s not allowed to vote, to drink, to drive, or to consent to sex or sign contracts is now perfectly capable of managing all of this legal is that you’re throwing around this room when she’s mad at a classmate and is disabled. You can’t throw logic at a child’s mind. They don’t think that way.

[@havenbastion]

It's illegal to handcuff anyone who isn't a threat to anyone else, regardless of the particulars so it's an unconstitutional travesty to even examine the details here because it's almost literally impossible that the child was a danger to anyone.

[@prescottwilliams4637]

I will never understand why these atty go in and try to defend the incompetent

[@fatherinexile]

💰💰💰💰💰

[@petest3410]

Why would you hand cuff over a drawing

[@fatherinexile]

Cops violate the rights of adults and children equally!

[@dtoad48]

Because words and ideas are dangerous. Just see history.

[@learninglady5034]

How do you balance between what is art therapy and it's helping you internally look at your feelings and what is a threatening drawing? You are allowed to have those feelings and not be arrested

[@MrRobertX70]

@@learninglady5034 Exactly, the child may be expressing her own fears in a drawing which is a completely legitimate form of therapy. Just because someone else feels threatened by the drawing doesn't mean that the drawing was meant as a threat.

[@ygrittesnow1701]

@@learninglady5034 Unfortunately in today's society they want people to internalize and act out rather than express these dark feelings in a healthy way. Drawing, writing, even singing are healthy expressive forms. This particular situation might have been worthy of counseling but criminals charges, come on. Is it any wonder that these incidents don't come to light until after a person has reached a breaking point and they act out? Either in a manner of self harm or ...

[@montymartell2081]

Handcuffs were designed to cause pain so yes they are instruments of pain which makes it excessive force

[@HuntingtonTownshipWatch]

This case is very disturbing.

[@cinemaipswich4636]

I have just realised that is the case of a school child that painted a thing, and the police were called to prosecute her. The Police counsel has screwed up. He should have presented the un-redacted brief and not the diminutive redacted brief. He is hoping that the smaller parcel will favour his client, but it lacks details of the case.

[@mahgrew1004]

Ok a couple things .... First we shouldn't have to fear authority, secondly the ones that don't worry about consequences are cops,da, judges, teachers,council members ,congress members , presidential persons , school board members ..secondly why on gods green earth did I hear the term " child cuffs" that's sick

[@vestel777]

Qualified Immunity isn’t an actual Law. But ALL Government employees and ALL Corrupt Cops and Corrupt Judges are covered under a Non Law. So if it isn’t an actual Law then I feel that EVERYONE should also have Qualified Immunity!!!! But as of right now only the Corrupt Cops, Judges, Local Government Employees are given this so they can get away with anything they feel they should get away with. But here’s the thing it states in The United States Constitution that NO ONE IS ABOVE THE LAW!!!! But why do they have that power and think they’re Above The Law?????

[@cajunncanada3913]

Well said! Our rights and the liberties promised in the Constitution and its amendments are rapidly becoming nothing more than a fairy tale.

[@dianarockwell6256]

When the Supreme Court hands down in opinion it becomes “caselaw“ which makes it a law. Just like we quote Pennsylvania versus Mims and terry versus Ohio, those are case laws where a trial resulted in an opinion that went against the normal course of business therefore changing the normal course of business because it is now considered a law. Now the Congress and Senate can go further and codify that law making it federal law and not just state proprietary for those two examples but when the supreme court decides it except for Roe versus Wade it usually stays law in the land.

[@wvguy7238]

I wonder how the cop would feel if it were his 10 yesr old put in handciffs. Would he be like, "i completely understand, my brother in blue? Now lets do the secret handshake. Got any bubble gum???"

[@charlesellis792]

Why wouldn't a drawing be covered by the 1st amendment?

[@cynthia87918]

@charlesellis792: a drawing = expressing your thoughts 😮 through art = freedom of speech or petition = 1st A (don't know what the drawing was about though. Power tripping cops who didn't apply a single reasoning before handcuffing a child . If the school principal calls cops for something like that, maybe they should getting a cleaning job elsewhere

[@FoundationForFamilyFreedom]

#EndQualifiedImmunity

[@MrRobertX70]

I don't understand how a drawing can be interpretted as a threat.

[@ygrittesnow1701]

Think of the phrase, "A picture is worth a thousand words." A picture can convey thoughts, feelings and ideas. The context of a drawing can very easily be interpreted as an expression of threatening intent. The problem here is the drawing is not being made part of the record for us to see.

[@MrRobertX70]

@@ygrittesnow1701 As I mentioned in another comment, the child may be expressing her own fears in the drawing. Even using it as a common type of therapy. So, while others may find the contents of the drawing threatening, its purpose may have been to express her emotions.

[@corralescoyote]

You’re right, there’s no drawing of any scene I can imagine making a “terroristic threat” in any way close to being an exception to 1st amendment. Hieronymus Bosch books should be banned I guess, no field trips to the museum.

[@MrRobertX70]

@@ygrittesnow1701 My point is that just because something can be easily interpreted as threatening, doesn't mean that everyone interprets it that way or that others can't just as easily interpret it as something else. I do agree that the drawing should be made part of the record.

[@ygrittesnow1701]

@@MrRobertX70 Having taken a number of job related S harassment prevention courses. It is made crystal clear that perception has a greater weight in legal matters then intent. A great analogy actually. Person A could behave a certain way that everyone is ok with. However if even one person perceives the behavior as inappropriate they could find themselves in trouble. The same is true for a drawing. However I reiterate my point of the drawing being a matter of the record and some common sense discretions being exercised given the age of the child in question. This will be in her memory and possibly a permanent record. Yes they typically get sealed for minors. But there are jobs who have access to those records. She could be red flagged when she decides to buy and own a firearm. Would be interesting from an academic standpoint to see what sort of affect this will ultimately have on her.

[@Reverend.John_Ignatowski]

The center Justice says times have changed since she was a child, has the Constitution changed since then?

[@westernbody]

I geuss they gave the prsidence they can't handcuff they will escalate to worse. This would all end with removing qualified immunity i

[@rpetzold]

How surprising that a 10 year old didn’t have a law degree!

[@christopherskipp1525]

Great reporting.

[@dianarockwell6256]

17:21 It’s probably nothing more than what the child is seen on television or in video games.

[@cinemaipswich4636]

Have you ever played the game "hangman". It's an old game from the 1960's. You and your peers draw thing that eventuate with a stick drawing, and then you win. Is this terrorism. The imagery is the death of someone hanged! Were you a terrorist as a child?

[@fatherinexile]

Great point!

[@MarcMolina-jq1xj]

Listen to him , there was no excessive force because it only left marks. 😳

[@daithi1966]

At 13:40 one of the judges gets into the weeds in regards to whether or not they put "adult handcuffs" on the child instead of "child handcuffs". I'm pretty sure the police don't carry child handcuffs because there is no reason to put children into handcuffs. Plus, the way handcuffs work is that they ratchet down tighter and tighter, so adult handcuffs will work on women and even children, and can even be too tight. You'd think a judge would know how handcuffs work.

[@vestel777]

The other side of Qualified Immunity is it’s given to these said people because of whom they’ve paid off or is currently sleeping with!!! This is what I found on Google. qualified immunity is not a law passed by Congress or state legislatures, it is a significant legal principle derived from judicial interpretations aimed at protecting government officials from liability under specific circumstances. Its application can significantly impact civil rights litigation against public officials. Qualified immunity is not a law in the traditional sense, but rather a legal doctrine established by the United States Supreme Court through judicial decisions. It serves as a defense for government officials, particularly law enforcement officers, against lawsuits alleging violations of constitutional rights. The doctrine was developed to protect from frivolous lawsuits.

[@monikaramirez8067]

Handcuffs should ONLY be used when there is physical threat. If the citizen doesn't fight, make threats, or try to flee, there is no reason for handcuffs. Cops use them to escalate, as intimidation, as a threat, and sometimes as brass knuckles; but mostly as a form of torture for people who "give them a hard time" by asserting their rights and asking questions about the law.

[@samayun5099]

These judges were in most of this video absolutely ignorant for the level of a judge. Video should have been 15 minutes. " you cuffed a 10 year old that wasnt an active or even a possible threat? Dismissed, officer is an idiot. Immunity denied."

[@Thoringer]

In the rebuttal: "What case establishes [...] that?" Answer: "THIS one!"

[@wvguy7238]

He said the opposition is arguing under the obvious clause, and saying handcuffing a preteen for a drawing isnt painfully obvious. This cop has to have an IQ that matches the age of the kid he put in handucffs if this isnt obvious.

[@ezap9158]

14:00 wow this judge subjects people to torture cuffs and has no idea how they work or how they fit. i guess full size cuffs clamped down on little wrists shouldnt hurt like they do on an adult

[@crazyoilfieldmechanic3195]

Being this is in Hawaii I doubt that the end result is going to be in favor of the child and even if it is there won't be any consequences that matter applied to the police. In addition claiming that a drawing by a child so young is a threat to others is THOUGHT CRIME. We can see what the child is thinking in this drawing and therefore we know the child is dangerous. Sick, pathetic and dangerous.

[@wvguy7238]

Lawyer heard the cop sound like she might agree to QI on one of the claims and not the other and he was like, YES, YES JUDGE, WE CAN DEFINITELY HAVE QI ON ONE CHARGE AND NOT THE OTHER, YES. He is trying hard to get anything he can get because he knows how ridiculous this case is to try and defend.

[@wessltov]

Even less than a minute in, I recognize this case because attorney Steve Lehto talked about it on his show. I wonder if the court will deviate from his logic?

[@erniecamhan]

That black judge is being totally ignored

[@rskeyesful]

A ten year old Child! Really? You seem to forget that children are N O T adults !

[@terryhayward7905]

A psychologist will tell you to write your feeling in a letter to the people that are making you mad, then just file it away. It helps to sort out your feelings How does drawing a picture differ from this ? Working out your problems by drawing a picture is a lot safer and better idea than actually carrying out the deed.

[@danoneal76]

"In this day and age"

[@nadinevalent4436]

652, says it all, look at the face, eyes , throat

[@jppalm3944]

Omg! What crap cop did this, on the word of a principle ? I would not do that even if my chief ordered me to. What the..😮what crime?

[@gasmaster8437]

Are graphic and threatening the same thing?

[@dianarockwell6256]

This is amazing to me because the lawyers are supposed to listen and they’ve done more talking in this video then the lawyers have and whoever posted this just so you know your video stops and then restarts after rewinding in several places it’s very frustrating to watch

[@fatherinexile]

I just double checked the video based on your complaint. The video plays correctly all the way thru. If u are referring to the fact that his Zoom camera froze during the hearing, there is nothing I can do about that.

[@chuckstewart7331]

9th. Circuit clowns , to even entertain that a child can be arrested and handcuffed for a DRAWING. Is ridiculous. A DRAWING by a 10 year old is now a dangerous terroristic threat ?

[@charlesanderson8760]

To answer the judges question about what if we see this drawing and do nothing then the kid comes to school the next day and mows down the school. Nobody said do nothing. But, in fact, the school did nothing the same day. You can call the parents in, call the counselors in, call the school physiatrist in, call in your SRO and anybody else you think would be appropriate to discuss this and decide on an appropriate course of action. What you don't do is call the cops and have a special needs 10 year old dragged out of the school in handcuffs and berated by the cops all the way to juvenile detention.

[@dennisjohnsen7297]

From what little information about this case that is shared, it appears to me that the cops involved were mainly interested in making an impression on this kid that would hopefully deter her from behaving like this again. They’re gonna show her that the judicial system is a terrifying experience starting with the engagement with law enforcement and physical restraint to the court system. The mentally of, “ You might beat the rap, but you can’t beat the ride” is, in my opinion what happened here. I’m sure the cops knew that this wasn’t going to amount to anything in the big picture, but they decided that they should show this kid what to expect in the future. “You’re gonna take the ride, and it’s gonna be as miserable and terrifying as we can possibly make it.” Like they are running the “Scared Straight” program. It’s sad that school administrators seem to devolve into children themselves. How a kid wound up ARRESTED, regardless of the handcuffs, over something like this is ludicrous. Kids will say and do things BECAUSE they are kids. Getting arrested for behaving like an immature child?

[@marcusrose5943]

Little girl not young woman LITTLE GIRL STOP IT

[@Linda-n5b]

I want to see the picture !

[@fatherinexile]

Let me know if u find it. I gave it a quick try, but don’t have the time to keep looking.

[@dangeary2134]

So, if it was a drawing that said the b l m , and everyone else needed to be removed from life, would there have been an arrest? More likely, the kid would have had accolades and probably a scholarship. SMH

[@nadinevalent4436]

618 , blinking , SOS, in Morse Code

[@jasonscott7803]

👍✌️

[@fatherinexile]

✌️

[@HumanoAI]

This channel will be used in a case where body language is cited as threats. Request. In 2017, the California Supreme Court ruled in People v. Mario Alberto Gonzalez that hand gestures are not considered a verbal statement. The case involved Mario Gonzalez, who was charged with five counts of making criminal threats. The court's ruling was as follows: Thanks!

[@charlesanderson8760]

I think the judge talking about case law supporting the families point about taking officers qualified immunity is wrong. While decided law is important it is not solely deciding. I don't understand why the response can't be. Your Honor, we are talking about police putting a special needs 10 year old in hand cuffs and taking her away because she didn't look scared for drawing a picture with violence in it. The police did not act out of safety or policy. They acted to scare a 10 year old with special needs to prove to her a point. That is not legal and trying to prove a point with other case law stupid. Have some balls, tell police when they do shit like this be prepared to pull out your check book.

[@CPIcivrights]

I think in the case of a child, you must first take into account not just their age, but their size and possible strength. Also, their behavior at the time of the encounter and, of course, what was the crime. Was someone actually harmed, or did they attempt to actually harm someone? How much harm? Was inflicted or could have been inflicted. And then it just comes down to common sense. The thing I would stress is don't overreact or let your imagination and emotions get the best of you. That's a pretty big problem in law enforcement. Jumping to conclusions and getting overly excited. Control of oneself is paramount when dealing with a child or even young adults. Many of us might have gotten in some trouble when we were young under some more current laws. Most young people in my day might get a firm talking to or some restrictions put on us. I miss the days when police were mostly the good guys. But we had issues with certain officers in our city even then. They either straightened up or got fired. And that type of policing worked very well. They were mostly people who grew up in our city. They mostly like the people there. And our department was very careful about whom they hired. We should look very carefully at an officer who came from another department from which they resigned. Asking for the record needs to be a hiring point of interest. Not being forthcoming would be a non-hirerable issue. Personally, and how they feel about violence as a whole. Make sure they understand that the overuse of force will lead to a termination. Automatic termination.

[@dianarockwell6256]

I have long contended that children in this country are deprived of their rights on a daily basis. Their parents tell them what to do when they’re not supposed to argue. The teachers tell them what to do and they’re not supposed to argue. They go to their friends house and their parents tell them what to do and they’re not supposed to argue. Are they supposed to be devoid of thoughts and feelings of their own? I would assume that drawing a picture would be an expression of thoughts and feelings. We’ve not seen the picture so no one knows what it contains. But I know my brother-in-law when he was that age do a picture of his dog peeing. I realize that was 30 years ago and children know more than they did then. I don’t know why this child has not been allowed their first amendment rights for freedom of expression. When an adult makes a nude or a vulgar painting or drawing do you arrest them? I believe this child was deprived of their rights therefore the cops should not be granted qualified immunity. What crime was committed here? A child made a drawing. Someone being offended by a drawing which I assume is the reason why the police were called’s not a crime.

[@BirdyP]

👀✌️💪💪💪

[@fatherinexile]

✌️💪

[@wvguy7238]

This was a drawing. Prosecuting for art. Seems very 1600 England or Francr. If i draw a picture of a joint and a lighter, or a bottle of liquor inside a car with a stick figute driving, does that mean i can be arrrested?

[@nadinevalent4436]

resubbed, gosh ,it keeps doing it

[@fatherinexile]

KZbin is constantly messing with my channel.

[@nadinevalent4436]

@@fatherinexile thanks for all you do

[@ChangeIsEverywhere]

I was arrested at 6 years old and deserved it. I had broken every window out of two Cadillacs behind my mothers house. The owner was very wealthy including a hangar with a plane. I spent most of the day and evening in a cell with a cop friend of my moms to teach me a lesson ( it didn’t I was a demon child) my mom made me pull weeds and mow lawns for the guy for four years until he finally said I could stop. He would pay me to wash his cars and I actually learned a lot and respected him. Reedley California, 1971

[@AbsurdCats]

The two points here, the PC and the use of force are at the crux. Was it reasonable to say she committed a crime. Was it reasonable to handcuff a compliant 10 yr old child. Compelling case for no PC on the initial contact. That might render the second point moot.

[@chiwashington1645]

I'm sorry you believe being arrested at 6 was your only option

[@ChangeIsEverywhere]

@@chiwashington1645 oh hell.. I burned our house down six months later and spent three months in a burn unit…set five gallons of gas on fire with one match. I was A problem. I once soaked a rag in gasoline and put it in the gas cap of a 55 Chevy across the street. Once I dug a small canal about Four inches deep across a dirt road by our house, built a hide out at the end of the canal…waited till evening and filled it with five gallons of gas and let it soak in…a car came down the road and I lit it on fire so the car drove through the or four foot flames….yes a problem child for sure, At 23 I became a flight medic and safety officer. The man who hired me said to me. Your the perfect example of learning what not to do by trial and error. I spent 23 years saving people who were just like me…then developing safety plans to stop them from hurting themselves. It was the most rewarding career I could have ever imagined for me. So I am being honest about my own self reflection…I apologized to my momma and spoiled the crap out of her…she would often tell me…I can’t believe you lived this long because I wanted to kill yo so many times…I miss you momma! You were one bad ass woman. U survived me…

[@chiwashington1645]

@@ChangeIsEverywhere you were 6 you don't see there was a bigger issue you needed love there no excuse I'm sorry that even now you think this was the only way? I hope you have the love you deserved or you receive therapy. But don't pass down trama

[@williamzander9708]

Yes I agree you can change my dad put me in a Red wagon with a Daisy BB gun and went to all the 7/11s and had me give them all there all there old doughnuts. The cops came and wanted the doughnuts back .

[@charlesdodd9153]

‘M . Zm