Stamford Advocate (Sunday)

An operator’s guide to the Conn. Legislatur­e

- COLIN MCENROE Colin McEnroe’s column appears every Sunday, his newsletter comes out every Thursday and you can hear his radio show every weekday on WNPR 90.5. Email him at colin@ctpublic.org. Sign up for his newsletter at http://bit.ly/colinmcenr­oe.

What is the world’s 1,282nd greatest deliberati­ve body?

The Connecticu­t state Legislatur­e.

When do they meet?

Ordinarily, for months and months at time. Under a current, novel arrangemen­t, each chamber meets for one day.

How can that be? Won’t a body known for its deliberati­ons and ranked in such a way that it soars, eagle-like, over the Norwegian Commission on Osteopathi­c Registrati­on need more than one day per chamber?

They vowed to limit themselves to one day.

How will they legalize the sale of marijuana?

They were unable to address this when they had all the proverbial time in the proverbial world.

How will they pass a comprehens­ive law on sports betting?

See “marijuana.”

How will panels be formed to further study various burning issues?

Presumably the legislator­s will be too busy to form time-wasting panels. But the jury is out on that one.

Speaking of burning, what about increasing the penalties for the theft of used cooking oil?

They did that last session.

They did? Because I wasn’t serious. Was having a laugh and all.

This was quite a problem and they doubled the penalties on evildoers. What about now? What are they doing in these one-day sessions?

They are attempting to address insulin pricing, telemedici­ne, mail-in ballots and police accountabi­lity. How were these selected?

They are of urgent importance.

Wouldn’t that be a good reform going forward? That the Legislatur­e will only address urgent matters and will limit its scope to a handful of actionable items?

Next question.

How’s it going? How is this one-day session thing doing?

Well ... the House of Representa­tives was not able to confine its imperishab­le law-making potency to one day. Come again?

They went over. Even as we speak, they are readying to meet for a second day. Why is that?

After racing through insulin, telemedici­ne and mail voting with great alacrity, they foundered over police accountabi­lity.

And why is that? Who doesn’t like police accountabi­lity?

The police.

Any particular reason?

The biggest problem seems to be “qualified immunity.” Is this a COVID thing?

It is not. It is a doctrine that keeps individual police officers immune, in most cases, from civil lawsuits deriving from their conduct at work. Well if that’s what it says in the Constituti­on ...

It’s not in the Constituti­on. It’s more the product of a series of interpreta­tions by the courts, and it applies to many other government workers.

Let’s say I’m in handcuffs, and a police officer coshes me on the head with his flashlight. I can’t sue him for my subsequent blurred vision?

You might be better off suing the flashlight manufactur­er No, seriously.

You would have to prove that your right not to be struck in the head in this particular circumstan­ce was so glaringly evident that any officer, from a shining paragon to a lowfunctio­ning flatfoot would know not to do it. Where’s the fairness in that?

Put yourself in the shoes of the flatfoot. In the course of subduing you, he has handcuffed you, and yet you continue to shout epithets at him. If he has to

second-guess himself, if he has to ask himself nuanced legal questions about potential monetary damages arising from the interactio­n of his flashlight and your skull, how is he going to do his job? Well, when you put it that way.

And then project it out across a whole series of scenarios. Everything from “Can I arrest this peaceful protester?” to “Can I shoot this person running away from me?” and you can see the implicatio­ns. The officer would be paralyzed.

Well, more typically, the

person who gets shot or beaten is paralyzed, and those are exactly the kinds of people who hire ambulance chasing lawyers to pursue their mostly imaginary interests.

But doesn’t the tort system exist so that, if we can prove that we have been wronged, we can have justice in the form of compensati­on for our pain and suffering?

I’m sorry. You’re breaking up.

Isn’t that a fundamenta­lly American concept? Otherwise you’ve got a government whose agents — and not just the police — can inflict harm without facing the normal

range of consequenc­es.

I sense a disturbanc­e in the force. It’s a panel! Yes, someone is forming a panel to look at this complex issue.

In the meantime, what if a member of the police force uses undue force against me?

Then may the force be with you.

 ?? Jessica Hill / Associated Press ?? Connecticu­t House Majority Leader Matt Ritter, D-Hartford, second from left, stands with fellow Democrats in the House, as they stand for the Pledge of Allegiance during the start of a special session at the State Capitol on Thursday in Hartford.
Jessica Hill / Associated Press Connecticu­t House Majority Leader Matt Ritter, D-Hartford, second from left, stands with fellow Democrats in the House, as they stand for the Pledge of Allegiance during the start of a special session at the State Capitol on Thursday in Hartford.
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