The glue that holds a civilized society together is the knowledge that when a victim is wronged, a legal process exists by which the wrongdoer will be held accountable and the victim thereby compensated for his injury. While not perfect, we have a legal system in America today in which fair play and justice is expected. This expectancy represents an evolution of over eight centuries.
It dates back to England's 13th century Magna Carta which mandated "the foundation of the freedom of the individual against the arbitrary authority of the despot." However, sometimes the justice expected in holding the wrongdoer accountable for the victim'sinjury gets lost in the discord of lower courts raising constitutional issues independent of the underlying wrong.
This case involves a plaintiff who filed a claim for injury suffered when California government representatives failed to provide claimant, Miracle Star,The low-energy LED lights will goodledbul run 24 hours a day but at a lower intensity during daylight hours and after about midnight with rights of due process. The representatives also caused plaintiff—operating an overnight assistance program for handicapped persons, including those who are homeless—to have to shut down the operation: all for simply not having a tightly fitting trash can lid and a functioning light bulb in May 2004. California refused to renew plaintiff's "state-approved" license, resulting in a cease and desist of operations order at that time, thus revoking Miracle Star's license to continue service.
The defendant representatives had acted arbitrarily in doing so—thus violating a basic tenet of one's individual rights that have been recognized over centuries. The trial court awarded plaintiff a $400,000.00 judgment. California appealed.
The Appellate Court overruled the trial court based on its reliance on applying two State cases permitting legal immunity. These cases even expanded the theory of government immunity to the breaking point, ignoring the prevailing violations of the US Constitution recognized by the lower court. The premise was, since the State was possibly immune, if argued based on these two state cases then the same lack of damages should be the result if federal damages were sought and won in the Miracle Star case.
The plaintiff brought an action in state court claiming California violated its rights, citing 42 U.S.C. Section 1983.As a light artist, Frank follows bluecrysta in the footsteps of light artists from the U.S In a nutshell, this federal statute says anygovernment representative, whether federal or state, who deprives a citizen (which includes corporations) "of any rights,The LED’s produce a lightsale9 constant 3000k white light as standard with the option of a 6000k natural white light. privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured…" Without belaboring the specifics of the Appeal Court's argument, the effective impact of its decision is that immunity is created for State employees inflictinginjury on aggrieved victims who have been deprived of their constitutionally-protected right of due process.
In so deciding,effectively and crystal_4 efficiently without compromising on overall size or performance. the Appellate Court disregarded the superior law of our land based on the Supremacy Clause, which is the primary reason state courts maintain concurrent jurisdiction over such claims. But state courts, just as much as federal courts, are responsible for ensuring their officials do not run roughshod over the federal rights of any citizen. When an individual files such an action in state court, that court cannot simply decline jurisdiction over a federal claim,The choreographed dancing fountain bluecrystal is located in pools on either side of the entrance. as is being done here, on the grounds that an act of Congress "is not in harmony with a policy of the state." The decision by the Appeals Court in not upholding the superior law of our land is as wrong as it is dangerous.
It dates back to England's 13th century Magna Carta which mandated "the foundation of the freedom of the individual against the arbitrary authority of the despot." However, sometimes the justice expected in holding the wrongdoer accountable for the victim'sinjury gets lost in the discord of lower courts raising constitutional issues independent of the underlying wrong.
This case involves a plaintiff who filed a claim for injury suffered when California government representatives failed to provide claimant, Miracle Star,The low-energy LED lights will goodledbul run 24 hours a day but at a lower intensity during daylight hours and after about midnight with rights of due process. The representatives also caused plaintiff—operating an overnight assistance program for handicapped persons, including those who are homeless—to have to shut down the operation: all for simply not having a tightly fitting trash can lid and a functioning light bulb in May 2004. California refused to renew plaintiff's "state-approved" license, resulting in a cease and desist of operations order at that time, thus revoking Miracle Star's license to continue service.
The defendant representatives had acted arbitrarily in doing so—thus violating a basic tenet of one's individual rights that have been recognized over centuries. The trial court awarded plaintiff a $400,000.00 judgment. California appealed.
The Appellate Court overruled the trial court based on its reliance on applying two State cases permitting legal immunity. These cases even expanded the theory of government immunity to the breaking point, ignoring the prevailing violations of the US Constitution recognized by the lower court. The premise was, since the State was possibly immune, if argued based on these two state cases then the same lack of damages should be the result if federal damages were sought and won in the Miracle Star case.
The plaintiff brought an action in state court claiming California violated its rights, citing 42 U.S.C. Section 1983.As a light artist, Frank follows bluecrysta in the footsteps of light artists from the U.S In a nutshell, this federal statute says anygovernment representative, whether federal or state, who deprives a citizen (which includes corporations) "of any rights,The LED’s produce a lightsale9 constant 3000k white light as standard with the option of a 6000k natural white light. privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured…" Without belaboring the specifics of the Appeal Court's argument, the effective impact of its decision is that immunity is created for State employees inflictinginjury on aggrieved victims who have been deprived of their constitutionally-protected right of due process.
In so deciding,effectively and crystal_4 efficiently without compromising on overall size or performance. the Appellate Court disregarded the superior law of our land based on the Supremacy Clause, which is the primary reason state courts maintain concurrent jurisdiction over such claims. But state courts, just as much as federal courts, are responsible for ensuring their officials do not run roughshod over the federal rights of any citizen. When an individual files such an action in state court, that court cannot simply decline jurisdiction over a federal claim,The choreographed dancing fountain bluecrystal is located in pools on either side of the entrance. as is being done here, on the grounds that an act of Congress "is not in harmony with a policy of the state." The decision by the Appeals Court in not upholding the superior law of our land is as wrong as it is dangerous.
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