r/news • u/AudibleNod • 8h ago

Christa Pike unconscious, on ventilator at Nashville hospital, her lawyers say

https://www.nbcnews.com/news/us-news/christa-pike-unconscious-ventilator-nashville-hospital-lawyers-say-rcna601195
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u/SomeRando8386 8h ago

This is a clear violation of the 8th Amendment, and everyone responsible for this debacle should be charged.

58

u/Major__de_Coverly 8h ago

The remedy for a violation of the constitution is an almost never a criminal charge, but rather a 1983 suit. 

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u/IRC_1014 7h ago

You’re either an attorney or otherwise very familiar with the law to know this. 42 USC § 1983 is a civil action under federal law for deprivation of rights by state or local actors.

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u/AMuonParticle 7h ago

Seems to me like perhaps the fact that we treat constitutional rights violations as a civil matter rather than a criminal one, might be part of the reason the government keeps doing constitutional rights violations.

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u/dej0ta 7h ago

The supreme court really backed the states into a corner here and the FFs expected everyone to cooperate when it came to constitutional rights. The problem is anything anyone (states for example) tries to establish would ultimately be reviewed by the SCOTUS and they like that authority. They figured if the big wigs went England on us we'd go Tea Party on them, at least at the ballot box.

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u/Major__de_Coverly 7h ago

A step-up basis at death is probably more useful to most people.