American Injustice The Civil Rights Laws are Dead

A black U.S. Supreme Court Justice, Clarence Thomas, put the finishing touches on the civil war era law that protects American citizens from arbitrary actions by state, county and city officials. The Supreme Court's self-made principle of "Stare decisis, to stand by that which was previously decided," means nothing to the justices while writing new laws that protect corrupt officials.

Local lawmakers - including city council members and county commissioners - cannot be sued for their votes even if they had illegal or discriminatory motives the U.S. Supreme Court ruled Tuesday, March 3, 1998.

The unanimous decision for the first time gives thousands of local officials the same "absolute immunity" from civil rights lawsuits that their federal, state and regional counterparts have long enjoyed when introducing or voting on legislation.

"Absolute immunity for local legislators .. Finds support not only in history but also in reason," Justice Clarence Thomas wrote as the court killed a lawsuit against two former Fall River, Mass., city council members. "Whether an act is legislative turns on the nature of the act, rather than on the motive or intent of the official performing it."

Tuesday's ruling does not shield city officials from lawsuits stemming from the many administrative matters they carry out, such as hiring and firing employees or dealing with the public. Neither does it prevent people who believe their rights were violated by some legislative action from suing the local government.

But individual lawmakers cannot be the targets of such lawsuits. In other words, you still can sue city hall but not the folks who help run it. What a joke, It's just a matter of time for another ill fated decision to change that.

National League of Cities President Brian O'Neill, a Philadelphia City Council member, called the ruling "a clear and welcome acknowledgment that elected municipal officials shouldn't have to worry about being taken to court for trying to meet their responsibilities to vote on public policy issues."

American Injustice predicts that anytime a city or county official desires to perform a heinous act or violate someone civil rights they will merrily declare, under oath, that they "just voted on it. You can't touch me, I am immune from suit !"

Tuesday's decision threw out a $231,000 damage award against two former Fall River officials for eliminating a city worker's job after she complained that another worker used racial slurs.

Janet Scott-Harris was Fall River's first black administrator when she was hired in 1987 to head the Health and Human Services Department. Scott-Harris in 1990 accused a long-time city employee of repeatedly using racial slurs.

What do racial slurs have to do with voting or legislation?

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This document was last updated March 8, 1998
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