|
» GC Stats |
Members: 329,740
Threads: 115,667
Posts: 2,205,095
|
| Welcome to our newest member, atylerpttz1668 |
|
 |
|
02-09-2009, 08:38 PM
|
|
GreekChat Member
|
|
Join Date: Dec 2003
Location: NooYawk
Posts: 5,478
|
|
Quote:
Originally Posted by Kevlar281
Would you prefer Aliens?
|
"Undocumented immigrants" is quite satisfactory. "Illegals" is a classist term.
ETA: Rather, "Illegals" is a term that perpetuates a classist and jingoistic system.
__________________
ONE LOVE, For All My Life
Talented, tested, tenacious, and true...
A woman of diversity through and through.
Last edited by preciousjeni; 02-09-2009 at 08:40 PM.
|
02-09-2009, 08:36 PM
|
|
GreekChat Member
|
|
Join Date: May 2008
Location: In Mombasa, in a bar room drinking gin.
Posts: 896
|
|
|
In general I don't believe you can detain someone for trespass and hold them until the police arrive. I doubt there is a real strong likelihood of getting a jury to side with the illegal immigrants against someone trying to stop them from damaging his ranch in a border district in Arizona though.
__________________
"I put my mama on her, she threw her in the air. My mama said son, that's a mother buckin' mare."
|
02-09-2009, 09:06 PM
|
|
GreekChat Member
|
|
Join Date: Jul 2001
Location: Houston TX
Posts: 1,452
|
|
|
Undocumented? That would imply they had a document to lose.
|
02-09-2009, 09:42 PM
|
|
GreekChat Member
|
|
Join Date: Mar 2007
Location: Land of Chaos
Posts: 9,265
|
|
|
Um, I think "illegal" has nothing to do with class, and everything to do with the idea that they are here illegally. I've known of college-educated, white-collar illegal immigrants. They were not in compliance with the law, and so "illegal".
eta - My husband has lost his Social Security card. He is temporarily "undocumented".
__________________
Gamma Phi Beta
Courtesy is owed, respect is earned, love is given.
Proud daughter AND mother of a Gamma Phi. 3 generations of love, labor, learning and loyalty.
Last edited by SWTXBelle; 02-09-2009 at 09:44 PM.
|
02-12-2009, 02:13 PM
|
|
GreekChat Member
|
|
Join Date: May 2002
Location: VA, VA, wooooo!!!!
Posts: 5,935
|
|
Quote:
Originally Posted by SWTXBelle
Um, I think "illegal" has nothing to do with class, and everything to do with the idea that they are here illegally. I've known of college-educated, white-collar illegal immigrants. They were not in compliance with the law, and so "illegal".
eta - My husband has lost his Social Security card. He is temporarily "undocumented".
|
If he's got proof of being born on American soil, he's ok. 
The term we use at the office is "undocumented alien". Our computer system says "illegal alien". Tomayto, tomahto.
__________________
Easy. You root against Duke, for that program and its head coach are -
and we don't think we're in any way exaggerating here - the epitome of all that is evil.
--Seth Emerson, The Albany Herald
|
02-12-2009, 04:19 PM
|
|
GreekChat Member
|
|
Join Date: Mar 2007
Location: Land of Chaos
Posts: 9,265
|
|
Quote:
Originally Posted by nikki1920
If he's got proof of being born on American soil, he's ok.
The term we use at the office is "undocumented alien". Our computer system says "illegal alien". Tomayto, tomahto. |
Oh, I know. Just my little joke . . .
__________________
Gamma Phi Beta
Courtesy is owed, respect is earned, love is given.
Proud daughter AND mother of a Gamma Phi. 3 generations of love, labor, learning and loyalty.
|
02-09-2009, 10:22 PM
|
|
GreekChat Member
|
|
Join Date: Apr 2004
Location: but I am le tired...
Posts: 7,277
|
|
Quote:
Originally Posted by Kevlar281
Undocumented? That would imply they had a document to lose.
|
Perhaps non-documented? As in never?
|
02-09-2009, 09:57 PM
|
|
GreekChat Member
|
|
Join Date: Dec 2007
Location: Potbelly's
Posts: 1,289
|
|
|
Why in the hell are they permitted to use U.S. federal courts? They were committing multiple criminal acts and this man was defending his property. They are going to lose but only after wasting taxpayer money on a trial.
We really need to build a damn wall.
|
02-09-2009, 10:29 PM
|
|
GreekChat Member
|
|
Join Date: Jul 2004
Location: On Wisconsin!
Posts: 1,154
|
|
Quote:
Originally Posted by PhiGam
Why in the hell are they permitted to use U.S. federal courts? They were committing multiple criminal acts and this man was defending his property.[/B]
|
Seriously. Do any GC lawyers understand this...and if so, can you help me understand this?
__________________
"...we realized somehow that we weren't going to college just for ourselves, but for all of the girls who would follow after us..." Bettie Locke ΚΑΘ
|
02-09-2009, 11:52 PM
|
|
GreekChat Member
|
|
Join Date: Jan 2001
Location: Who you calling "boy"? The name's Hand Banana . . .
Posts: 6,984
|
|
Quote:
Originally Posted by ThetaDancer
Seriously. Do any GC lawyers understand this...and if so, can you help me understand this?
|
Certain rights are guaranteed to everyone, regardless of citizenship - for instance, you can't just murder a person of non-American citizenship.
The way to bring remedy for something that happened on US soil is in US court - it's the same reason a foreign company can sue a US company in US courts.
Whether the claim has merit is up to a jury.
|
02-10-2009, 01:24 PM
|
|
GreekChat Member
|
|
Join Date: Mar 2007
Location: Land of Chaos
Posts: 9,265
|
|
My husband went to the Social Security office.
In 10 - 14 days he will no longer be undocumented.
__________________
Gamma Phi Beta
Courtesy is owed, respect is earned, love is given.
Proud daughter AND mother of a Gamma Phi. 3 generations of love, labor, learning and loyalty.
|
02-10-2009, 02:13 PM
|
|
GreekChat Member
|
|
Join Date: Apr 2001
Location: TX
Posts: 3,760
|
|
Quote:
Originally Posted by SWTXBelle
My husband went to the Social Security office.
In 10 - 14 days he will no longer be undocumented. |
Undocumented migrant is the ultra PC term used, I prefer to use the term illegal, since it makes the most sense. It is illegal to cross the border at places other than ports of entry,which they do , and they are aliens so.....illegal aliens. Everyone has civil rights in the U.S., whether you're a citizen or not it doesn't matter. I also wouldn't be surprised if the Mexican Government is aiding/assisting these 16 on their lawsuit against this rancher, they love lawsuits against the U.S. by illegals. Its unfortunate that this is happening to this certain rancher, who has a history of stopping crossings in his area. Lawsuit is probably an attempt to intimidate him and other landowners.
|
02-10-2009, 02:48 PM
|
|
GreekChat Member
|
|
Join Date: Aug 2002
Location: Home.
Posts: 8,261
|
|
Quote:
Originally Posted by PiKA2001
Undocumented migrant is the ultra PC term used, I prefer to use the term illegal, since it makes the most sense.
|
I agree.
|
02-10-2009, 09:51 AM
|
|
Super Moderator
|
|
Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,668
|
|
|
Rereading the facts as the article presents them, I think there's a viable 42 U.S.C. 1983 action. The article is specific (and I'm just guessing the author got this info off of the pleadings) that the defendant here wore camoflauge, carried a walkie-talkie and a gun, and generally carried himself like a law enforcement officer (my conclusion). If the plaintiff can show that his rights were infringed upon by someone acting "under color of any statute, ordinance, regulation, custom or usage. . ." there may be a civil rights action even if that individual is not actually authorized to enforce those norms. Here, arguably, the freedom of movement (an ill-defined, but existant right) was arguably violated while the defendant was playing border patrol. This is why the weekend warriors who go 'play' Border Patrol only call in illegal sightings on their radios rather than attempting to have direct confrontations.
I also see, via pendant jurisdiction, a state law tort claim for false imprisonment.
The defendant is disputing the existance of the rifle because the presence thereof goes to the heart of the case -- if the plaintiffs felt free to leave the scene, their rights and liberties were never effected, end of case. That's going to be a question for the jury, hence the trial.
As to the damages being asked for, it all depends on the jury. If a jury finds this plaintiff guilty, it could just award nominal damages for each of the claims -- probably something on the order of $32.00 total. The stinger for the defendant here is that 42 U.S.C. 1988 is a fee shifting statute which would saddle the defendant with the burden of paying plaintiffs' attorneys fees should he be found to have violated their civil rights. That's something that very easily will be in the six-figure range.
__________________
SN -SINCE 1869-
"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
|
02-10-2009, 10:45 AM
|
|
GreekChat Member
|
|
Join Date: Jul 2006
Location: Occupied Territory CSA
Posts: 2,237
|
|
Quote:
Originally Posted by Kevin
The stinger for the defendant here is that 42 U.S.C. 1988 is a fee shifting statute which would saddle the defendant with the burden of paying plaintiffs' attorneys fees should he be found to have violated their civil rights. That's something that very easily will be in the six-figure range.
|
There was rumblings on OR about someone's dad from the board talking about doing it pro bono.
If he doesn't, I imagine there will be others doing it.
__________________
Overall, though, it's the bigness of the car that counts the most. Because when something bad happens in a really big car – accidentally speeding through the middle of a gang of unruly young people who have been taunting you in a drive-in restaurant, for instance – it happens very far away – way out at the end of your fenders. It's like a civil war in Africa; you know, it doesn't really concern you too much. - P.J. O'Rourke
|
|
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
|
Hybrid Mode
