One of the commenters there noted (in response to another commenter):
I suppose Alito supports allowing Millender to sue the judge, then.
This was kind of my thought. Alito does have a point, in my opinion, so it seems reasonable that the victims could sue pretty much everyone up the chain.
And my comment there:
Agreed, though it’s probably not the point he thinks he has.
The cops should have at least some protection, because they are supposed to be able to rely on the judge as a neutral and knowledgeable “third party” whose job is to protect the Rights of citizens by reviewing warrant requests and disapproving any that are not sufficient. If a judge signs a warrant, they have a reasonable basis to believe that their request for the warrant was valid and their probable cause sufficient.
Judges who sign warrants without bothering to read them, or in spite of any flaws in the affidavit or warrant request, need to be held liable first. Instead, they’re never held liable at all.
December 8th, 2011 at 10:35 am
One of the commenters there noted (in response to another commenter):
And my comment there: