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"the worst first amendment case I've ever seen" just had a good ending! You can read his summary (CEO of FIRE who lead the case) or mine.
A while back, a retired police officer Larry Bushart posted a political meme on Facebook mocking conservatives over the concept of not caring about kids who get shot in schools while cancelling people for not caring about Charlie Kirk's death.
In response, Perry County officials where he lived had him arrested and held in jail for 37 days, setting his bond at 2 million dollars. He lost his job from this disruption and missed his granddaughter's birth and his wedding anniversary.
This arrest was obvious bullshit, another case where corrupt abusive officials utilize the legal system itself as punishment. No one would have seriously expected this case to go through, but the process itself is often meant as the attack.
It ends with good news though, as part of the settlement Bushart is getting almost a million dollars. Bad news, like most abuse by officials it gets paid for by the taxpayers and nothing is likely to happen to the corrupt scumbags who were in charge.
But this is a great lesson at least. In the US, you can just be a random guy, upset the most powerful government organizations and draw their ire, and win against them. America is a country where David can take down Goliath, whether it be your local officials or federal ones. Bushart refused to accept the abuse, he stood up to the bullies, and he won.
This was a clear violation of established civil rights and the victim deserves restitution.
But $835,000 is a lot of money. That is more money than I have made in my entire life. Even in the "good" endings, I shudder to look directly at the massive roulette wheel that is American tort litigation. A back-of-the-envelope calculation for what I think would be a fair settlement (all figures approximate):
Lost wages: $10,000
Physical discomfort: $100,000
Emotional distress: $15,000
Missing life events: $10,000
Legal fees: $50,000
This comes to a total of $185,000. I cannot imagine a fudge factor big enough to make up the extra $650,000. That's pure profit in my book. This isn't even particularly large for a civil rights settlement. Insane that we just accept this.
I agree, these settlements are absurd. The other thing that I recall is Alex Jones supposedly paying out $1,4 billion with court ordering to liquidate everything he owns be it InfoWars or his personal assets. Mind you there were 15 plaintiffs representing 10 victims and he had to pay from $28.8 million to $120 million. Now I am not defending Jones and his character here, but it seems excessive to me especially because of course Jones is not a billionaire and has only fraction of that money, which means but at the same time he cannot declare bankrupcy. So he will have to pay damages for the resto of his life. He basically became something like indentured servant to those people.
I am not sure if this is a normal practice in USA especially for verbal crime. But even for some other crime - is it normal for a criminal to be sued for billions thus becoming basically indentured servant for his victim? Surely raping or crippling somebody is much worse than ranting on internet, I guess the damages should be in trillions. It seems insane to me how arbitrary this is, but I guess this is what we get from jury system which is basically a theater where regular people can use state power for their own power trips.
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Punitive damages for public sector organizations should be paid for by the organization and go to a generalized scaled tax rebate depending on jurisdiction. So ever tax payer in the municipality gets a few dollars in tax rebates and the department pays.
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Punitive damages can push that way up, since they aren't linked to anything suffered by the victim. They can't have the perpetrator getting away with a small slap on the wrist, so they bumped it up a lot. The money had to go somewhere, so it went to the victim.
He was lucky that the perpetrators acted egregiously when they harmed him (because the total compensation he received outweighs his total harms), but I can't think of a better way to do it.
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It is simultaneously not enough money and the wrong people are paying out. The people, cops/judges/staff etc should be personally liable for the money and/or jailtime. I am saying this despite finding the wronged party personally dislikable.
That's easy to say in a case like this, but would abolishing qualified immunity in the US not just result in unlimited lawfare against any government officials enforcing anything with a political dimension, which would presumably lead to said government officials becoming reluctant to do so? Expect impunity for [whatever group pisses you off the most] first, and subsequent further incineration of the commons.
Really, my sense often is that the US would stand to benefit from having its entire legal system burnt down and rebuilt from scratch. So many of your problems, including healthcare costs and inability to build infrastructure, ultimately can be traced back to the possibility of being dragged to court and having to spend the GDP of a minor country on lawyers (because if you don't and the other side does then you lose and are on the hook anyway).
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On the other hand, would you like the police to be able to violate your rights anytime they feel like it, knowing that the only consequence the municipality will face is a measly sub-$200,000 fine? (They, of course, won’t face any consequences themselves regardless.)
If you don’t make the consequences at least moderately painful, the government won’t have any reason to care if it runs roughshod over people’s rights.
Other countries have not this disproportionate payout and still are lawful.
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