Ohio Constitutional Amendment Proponents Sue Ohio Attorney General Over His Actions to Stop Initiative Petition for Citizens’ Rights from Moving Forward

Posted on by March 28, 2024

On Wednesday, March 27, 2024, three Ohio activists who are part of a group attempting to place a citizens’ initiative constitutional amendment on the ballot in Ohio, sued the Attorney General of Ohio in federal court.  Brown v Yost, s.d., 2:24cv-1401.  The case is assigned to U.S. District Court Judge James L. Graham, a Reagan appointee.

As part of the Ohio constitutional amendment process, the Attorney General of Ohio must judge whether the Summary of the actual text of an amendment to the Ohio Constitution is fair in its description of the actual amendment text.

David Yost, who is the current Ohio Attorney General, rejected a Summary of a proposed amendment, which is called “The Protecting Ohioans’ Constitutional Rights Amendment.” Among the amendment’s provisions is “Qualified immunity, sovereign immunity, prosecutorial immunity, and any immunity provided to the State, political subdivision, or public employee by statute are eliminated.” The entire Summary that was rejected is Page 19 of the Complaint, the link to which is below.

The rejection of the Summary has stopped the signature collection process before it could even start. And, over 400,000 signatures of Ohio registered voters must be gathered by July 3, 2024, for this constitutional amendment to be placed on the November 5, 2024 ballot. If passed on that date, this would become effective on January 1, 2025.

An appeal to the Ohio Supreme Court for expedited review of the Attorney General’s rejection of the Summary was denied, effectively ending any chance of this issue making the November 2024 ballot, but for this litigation in federal court.

Here is the US District Court Complaint.

Here is the Motion for Temporary Restraining Order and Preliminary Injunction and Attached Memorandum of Law in Support.

Thanks to Mark Brown for letting me know about this.

Comments

Ohio Constitutional Amendment Proponents Sue Ohio Attorney General Over His Actions to Stop Initiative Petition for Citizens’ Rights from Moving Forward — 50 Comments

  1. ONE MORE ANTI-DEMOCRACY HACK MONARCH AG — WHO SHOULD HAVE NOOO IMMUNITY

    PUT HIS ASS IN A FED JAIL FOR ABOUT 200 YEARS

  5. The AZ bot is even more unhinged and retarded than normal. New programming?

  6. Qualified immunity for law enforcement officers is of the utmost importance for law and order and public safety.

  8. NOOOO ***IMMUNITY*** FOR ILLEGAL ACTS/OMITS OF PRIVATE/PUBLIC FOLKS

    LAW 0000001
    —
    IMMUNITY JUNK FROM OLDE DIVINE RIGHT OF KINGS LAWLESS TYRANT REGIMES — BLASTED TO HELL SINCE 1689 UK / 1776 USA / 1789 FRANCE / 1918 GERMANY / ETC.

  11. Do you think maybe Mr. Yost as Attorney General has a conflict of interest? For this specific topic of qualified immunity?

  12. That might be a problem with constitutional amendment by plebiscite. Perhaps it ought to be a legislative process.

  16. I agree with Brutus and Marcus Cato. The constitution should never be amended by the plebes, only by the Senate.

  17. Qualified immunity works like a get-out-of-jail-free card. Once public officials claim this special privilege, lawsuits against them freeze. Victims cannot proceed unless they can prove the abuse they endured was “clearly established” as unconstitutional. Clearing the hurdle usually requires a prior decision with nearly identical facts.

    Even if a match exists — something victims of government abuse have no control over — beating qualified immunity takes time.

    It is a crutch for corrupt or incompetent public officials.

    Qualified immunity must die, like a zombie.

  18. The Protecting Ohioans Constitutional Rights Citizen-led ballot amendment has become a focal point of debate, with Ohio Attorney General Dave Yost at the center of controversy. Despite the committee consistently using the same title for the past six submissions, Yost now raises concerns about its accuracy.

    This proposed amendment aims to address critical issues, including Ending Qualified Immunity for All Government Officials and Public Servants, including law enforcement officers and correctional officers. Qualified immunity has long been a contentious topic, with proponents arguing that it shields officials from legal accountability, while critics view it as an obstacle to justice.

    Qualified Immunity is a legal doctrine that protects government officials from personal liability when performing their duties, provided their actions do not violate clearly established constitutional rights. However, critics argue that it can shield officials from accountability even in cases of egregious misconduct.

    The committee’s persistence in using the same title underscores their commitment to ensuring constitutional rights for Ohioans. They believe that Qualified Immunity is Unconstitutional, Unethical, and Un-American. While it is not explicitly codified in the United States Code, it has been judicially created by the Supreme Court.

    Ballot campaigns, especially during presidential election years, often capitalize on high voter turnouts to advocate for important issues. In this case, the coalition behind the amendment seeks to empower Ohio electors by allowing them to vote on this critical matter. Recent polling data indicates strong public support, with 63% to 87% of respondents agreeing that Ending Qualified Immunity should be on the ballot in 2024.

    The debate surrounding this amendment reflects broader discussions about voting access, transparency, and the balance between government authority and individual rights. As the issue heads to the Ohio Supreme Court, the outcome will shape the future of constitutional protections for Ohioans and public servants alike.

  20. Qualified Immunity is the Fight!! Qualified Immunity is the Cause!! I personally dedicate my full support, for Cynthia Brown and all of her and the teams efforts!!

  24. Qualified Immunity needs to end today! We MUST stop sacrificing lives so law enforcement can get away with legal homicide. Eric Garner, Michael Brown, Tamir Rice, Freddie Gray & Breonna Taylor, and countless others have lost their lives while UNARMED. There is no defense in these actions and no reasonable justification that those responsible for these murders have not met the same justice as those who weren’t police officers. As a society, we need to take a step forward in admitting we’ve failed our minority brothers and sisters. Ending Qualified Immunity is the first step in a long process of acknowledging Ohio’s recognition of this reality.

  25. Two bots now, lovely. When does Stock come in with his trolling, or Ogle with his spam?

  26. It’s the same Chinese bot aimed to destroy American society by destroying our defenses against rampaging criminals.

  29. As someone noted earlier, “Do you think maybe Mr. Yost as Attorney General has a conflict of interest? For this specific topic of qualified immunity?”

    Oh yeah!

  30. Repeating the same tired talking points? Oh yeah! Note the response: the Constitution should only be amended by the Senate, not the plebeians.

  31. *CLEARLY ESTABLISHED* JUNK —-

    Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) is a PERVERSION of ALL Anglo-American legal history [going back to Magna Carta (1215) – see the book — Sources of Our Liberties, edited by Richard L. Perry (1959)

    [NOOOO CITES ON SUCH P. 818 FOR THE *CLEARLY ESTABLISHED* SENTENCE]

    ACTS/OMITS = LEGAL/ILLEGAL AT TIME/PLACE

    ALWAYS A FIRST CASE ABOUT WHATEVER – CIVIL / CRIMINAL

    MORE ATTACKS ON QI = MORE STUFF TO DRIVE ZOMBIE BAN TROLL MORONS EVEN MORE NUTS.

  32. Without qualified immunity, the necrophiliac cannibal sadistic psychopaths take over the streets. If you leash the police, you unleash the criminal scum, and our cities turn into Port Au Prince, Haiti. They’re already well on their way.

  33. IN EARLIER SANER TIMES THEIR WERE ***OFFICIAL BOND*** REQUIREMENTS – ESP FOR EXEC OFFICERS –

    TO PAY FOR $$$ DAMAGES BY OFFICIALS FOR THEIR ILLEGAL ACTS/OMITS.
    —
    NOW TOTAL INSANITY — A PREZ MAY KILL BILLIONS AND BE *IMMUNE* ???

    SEE PENDING 23-939 IN SCOTUS.

  34. They’re bringing in terrorists, criminals and lunatics from every corner and country of the world. 10-20 million just since Beijing Biden was installed in a stolen election. They catch and release them, Defund the police, end cash bail, teach kids critical race theory and adults diversity, equality and inclusion aka “kill whitey and rape and pimp white women and girls.”

    They’ve already emptied the lunatic asylums of the USA decades ago, and now they have all these criminals and psycho nuts, foreign and domestic, out on the streets and hooked on Chinese fentanyl and meth supplied by Mexican cartels.

    End qualified immunity, and we may as well be living in the Congo.

  35. Instead of ending qualified immunity, how about ending catch and release for illegal invaders and domestic skel miscreants?

  38. We just welcome the newcomers and give them our homes, property, and nubile females.

  39. QUALIFIED IMMUNITY IS WHAT KEEPS THE THIM BLUE LINE IN PLACE, WHICH KEEPS US FROM BEING RAPED, ROBBED, TRAFFICKED AND MURDERED BY SAVAGE BARBARIAN MUD PEOPLE.

  42. Deport all illegals, put the psychos back in lunatic asylums, and stop catch and releasing criminals. That would solve 99% of the problem.

  43. While police were the most common defendants, fully half of appeals featured other types of government officials, either alongside or instead of police. Prison officials made up the next largest share, but in more than one in five of all appeals, or 21%, defendants were neither police nor prison officials. These other officials included mayors and city managers, university and school officials, prosecutors and judges, and child protective services workers.
    Excessive force was alleged in just 27% of appeals, followed by false arrest at 25%; some alleged both. But the third largest category, alleged in 18% of appeals, encompassed violations of First Amendment rights, including speech, association, and religious liberty.
    Altogether, only 23% of appeals fit the popular conception of police accused of excessive force.
    In most First Amendment appeals, plaintiffs alleged government officials engaged in premeditated retaliation for protected speech or activity.

    In a representative sample of 125 First Amendment appeals, 59% involved plaintiffs alleging premeditated abuse by government officials in retaliation for protected First Amendment activity.
    In nearly half of such cases, government workers alleged retaliation from their superiors, while in nearly a third, private citizens claimed they were targeted for retaliation by government officials.
    Qualified immunity favors government defendants and makes it harder for plaintiffs to win—regardless of the merits of their claims.

    In all, 59% of qualified immunity appeals were resolved solely in favor of government defendants, while 24% were resolved solely in favor of plaintiffs.

  44. The problem is the preemptive shackles it puts on law enforcement and corrections officers, far more than the actual cases.

  45. I extend my heartfelt gratitude to the thousands of Ohio Electors who have wholeheartedly supported the Protecting Ohioans’ Constitutional Rights Citizen-led ballot amendment. Your unwavering commitment to safeguarding constitutional rights is commendable.

    This remarkable initiative traces its roots back to May 2021, when it was initially proposed as the “Civil Action for Deprivation of Constitutional Rights Amendment.” Despite facing rejection twice by the Ohio Attorney General’s office, your persistence and dedication prevailed.

    In February 2023, the amendment underwent a transformation, emerging as the “Protecting Ohioans’ Constitutional Rights” amendment. This crucial change aimed to end qualified immunity, ensuring that every Ohioan’s constitutional rights are upheld and protected.

    Your collective efforts have paved the way for positive change, reinforcing the principles that form the bedrock of our democracy. Thank you for championing justice, equality, and the fundamental rights of all Ohioans. 🙌🗳️🇺🇸

  46. It doesn’t protect the rights of crime victims, survivors, friends, family, business owners or neighborhoods living in fear of crime. That’s most people these days, as Beijing Biden, Burn Loot Murder, the woke commie left, and the globalist elite have unleashed plagues of sociopathic crime, poisonous addictive drugs, illegal alien invaders, youth delinquency, gangs, cartels, terrorists, and untreated lunatics to wreak havoc on us.

  47. We need to stop coddling criminals. There need to be many times more officers on the street, legally empowered as judge, jury, and executioner. The criminal skel scum need a good beating when apprehended.

    The death penalty should be the default for felonies. Misdemeanors can be punished by maiming, disfigurement, public whipping, stockades, temporary or lifelong enslavement to victims depending on severity, and similar forms of punishment. No more coddling in jails, except to await trial – no more bail, except for those who can afford bonds in the millions and up, and definitely zero own recognizance catch and release ever again.

  49. Agreed! These pun1shments should not be unusual, thus, no need to repeal 8th amendment. We need to nip the Biden crime explosion in the bud. Other countries should follow suit.

  50. We must secure a victory for Donald Trump and a future for White children.

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