In my opinion, all the demands by government officials, and private employers, to remove the right of autonomy by not only not allowing a person their labor, but to fine them for not complying, doesn't prevent them from civil remedies. That, and those harmed by the injection, too, have the right for civil relief, regardless of any official mandate.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Regardless of all case law, former opinions, current opinions, or legislation that addresses the unique circumstances of the supposed pandemic, removing the ability to seek a redress for grievances can only be considered tyranny, and unacceptable. So, where are the brave attorneys willing to file a suit in spite of the government mandates, and supposed protection, for those that willingly subjugated citizens to arrest and harm?
Deprivation of civil rights under the color of rights is a crime . . .ReplyDelete
The supposed protesters jailed in the Capitol would be freed, the jailers charged, and those involved with the subterfuge jailed for their criminal acts.Delete
Such a lawsuit would be immediately thrown out of court, on a motion for summary judgment, in light of this: "Courts have characterized PREP Act immunity as “sweeping.” It applies to all types of legal claims under state and federal law. For example, under state tort law, individuals who suffer injuries caused by theReplyDelete
intentional or negligent acts or omissions of another person may generally sue that person to recover monetary compensation. Thus, in the health care context, if a health care provider negligently administers a drug or device that causes a foreseeable injury to a patient, the injured person may be able to sue the
provider for compensation under state tort law. Federal laws such as the PREP Act may preempt state tort laws—as well as other state and federal laws— in certain contexts. Preemptive federal legislation displaces state law to alter the usual liability rules or immunize certain individuals from liability. In the PREP Act, Congress made the judgment that, in the context of a public health emergency, immunizing certain persons and entities from liability was necessary to ensure that potentially life-saving countermeasures will be efficiently developed, deployed, and administered. This Sidebar reviews the structure of the PREP Act and the HHS Declaration to explain the scope of this liability immunity as it applies to COVID-19 countermeasures." https://crsreports.congress.gov/product/pdf/LSB/LSB10443
In short, there will be no relief from the courts - the people who get these so-called vaccines get little or no immunity - and great risk of harm - while manufacturers and providers enjoy 100% immunity from civil suit.