Affirming President Obama’s “Empathy Standard” for Judicial Selections

Below is a great article highlighting some of the poor decisions handed down by President Obama’s judicial appointees.  My own experience has affirmed this as well, particularly in the area of my defense of law enforcement officers claiming “qualified immunity” from excessive force claims under 42 U.S.C. 1983; the “objectively reasonable” standard applicable to the exercise by law enforcement officers of their discretion to perform their jobs and effect arrests, while at the same time protecting themselves and their fellow officers.  The original goal and purpose of immunity is to protect law enforcement officers from senseless and frivolous litigation, not just liability.  This had been established by a long-line of United States Supreme Court case law and it is a fundamental cornerstone to the principles of immunity granted to government officials, especially law enforcement officers, the latter of whom must go about performing their jobs often in tense and uncertain situations, where the very choice to use deadly force or not carries with it the threat to their own lives and to that of their fellow officers and the public.

Yet, now the doctrine has been disintegrated by the scourge of relativistic analysis.  No longer is the standard “objective reasonableness”, but rather, subjective relativism, inviting de facto ignorance to the factual underpinnings of an officer’s decision to use force.

So much so has the doctrine been diluted that a plaintiff’s bare statements, which are contrary to the balance of the trial court record, are sufficient to warrant a full-blown trial against the officer accused of violating the plaintiff’s constitutional rights.  This, even in light of facts proving that deadly force was the only and last means of subduing suspects threatening to inflict lethal force on the officers and was therefore, warranted.

Here is the article.

The Obama Judicial Record – By William J. Haun – Bench Memos – National Review Online.

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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