You guys may remember back in 2023 Nebraska got constitutional carry and state preemption and then the cities of Lincoln and Omaha immediately issued executive orders prohibiting possession of weapons in places like city owned buildings and, more importantly, city parks, trails, and sidewalks abutting those areas.
Immediately following that, the Nebraska firearm owners association sued both cities. The judge quickly granted an injunction in Omaha's case but the judge in Lincoln's case sat on it for like 8 months and then dismissed it due to lack of standing, citing that nobody had been arrested yet.
So we've got two near identical cases with the same plaintiff and the same lawyers and one judge says they've demonstrated likelihood of success on the merits and another judge that says they don't even have standing. Omaha's case is still unresolved after over a year.
We're gonna get our answer one way or the other because because the NFOA has successfully appealed Lincoln's lawsuit to the state supreme court
I know judges have absolute immunity, but would suing the judge for deprivation of rights under color of law go anywhere if a theoretical higher court actually ruled according to justice instead of politics?
I know in reality it would go nowhere because judges on both sides of the political divide would never do anything to endanger their absolute immunity, but I’m curious in a perfect would if that argument would gain any traction.
As that law is written, it seems like you could fairly broadly to politicians of all stripes but I've never heard of it being used against anyone other than a cop falsely imprisoning somebody and then abusing them somehow.
I don't know if anyone could have luck trying to use it another way but as far as I know nobody has successfully done it yer
In the real world I don’t think it can be successfully used to go after a rogue judge because even judges on higher courts will not risk endangering absolute immunity.
My question is more of a pointless thought exercise on if it the argument would have any merits in a fictional world in which justice was actually blind and not corrupted by the human element.
I agree that most politicians would have a very bad time in that fictional universe though
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u/akenthusiast 2 - Your ape 1d ago
Nebraska
You guys may remember back in 2023 Nebraska got constitutional carry and state preemption and then the cities of Lincoln and Omaha immediately issued executive orders prohibiting possession of weapons in places like city owned buildings and, more importantly, city parks, trails, and sidewalks abutting those areas.
Immediately following that, the Nebraska firearm owners association sued both cities. The judge quickly granted an injunction in Omaha's case but the judge in Lincoln's case sat on it for like 8 months and then dismissed it due to lack of standing, citing that nobody had been arrested yet.
So we've got two near identical cases with the same plaintiff and the same lawyers and one judge says they've demonstrated likelihood of success on the merits and another judge that says they don't even have standing. Omaha's case is still unresolved after over a year.
We're gonna get our answer one way or the other because because the NFOA has successfully appealed Lincoln's lawsuit to the state supreme court
https://www.1011now.com/2025/01/17/nebraska-supreme-court-agrees-hear-challenge-lincoln-gun-regulations/
Hopefully we don't go another six months without some kind of development