The Eighth Amendment clearly states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Bridgett Nickerson Boyd found a new meaning to that prohibition after Deputy Sheriff Mark Goad pulled her over on a Texas highway. After she had to go to the hospital with a racing heart, she was handcuffed and, she alleges, required to listen to Rush Limbaugh on the radio. By any measure, that would shock the conscience as cruel and unusual punishment.
Boyd’s car broke down on her way to work and she said she pulled over on the side of the road only to have Deputy Sheriff Mark Goad write her a ticket for driving on the shoulder. He proceeded to carry out an arrest, but she was complaining of a racing heart. He followed her to the hospital and took her into custody after she was treated by doctors. She claims in the lawsuit that she was forced to listen to race-based ravings from Limbaugh on the radio as she drove to jail. Boyd is African-American and says that Limbaugh made “derogatory comments about black people.” all the way to the jail.
She is now suing Goad and Harris County alleging defamation, false imprisonment, malicious prosecution, assault and battery, and intentional infliction of emotional distress. The last claim would likely appeal to anyone who has heard Limbaugh.
Notably, all of the charges against Boyd were quickly dismissed by a magistrate.
The Supreme Court description of cruel and unusual punishment seemed to have Rush Limbaugh’s show in mind. In Furman v. Georgia, 408 U.S. 238 (1972), Justice Brennan described four characteristics of such punishment: (1) degrading to human dignity, (2) punishment inflicted in a wholly arbitrary fashion,” (3) punishment that is “clearly and totally rejected throughout society,” and (4) punishment that is “patently unnecessary.” Hmmm, “degrading to human dignity,” “arbitrary,” rejected by society, and “patently unnecessary.” Yup, sounds like Limbaugh.
Given the choice between Rush and the rack, most people would choose the rack . . . it causes less long-term damage. Beside Rush’s programs are designed to produce greater rigidity in its victims. At least you become more flexible after a spin on the rack.
Source: Chronicle
Awww, another opportunity to see the liberal tolerance on display
I can’t stand ten seconds listening to these nut jobs. They are responsible for most of the division that has quib our nation. Fox news and Rush should be taken down some how.
Early this morning I read this post and so, I did a very stupid thing. Whenever I drive my car I listen to books on disc, but I had to take Hubby’s truck for service and I listened to Rush for 15 minutes……. I feel so nasty. I think I am breaking out in hives.
He hit so many of his talking points he had to be going 50 mph or is that 50 mg. I have PTSD again. To make someone listen to that poisonous vitriol is not just cruel and unusual but unusually cruel.
Subscribed.
I’m with the complainant here. I can’t even stand it when liberal pundits play *short clips* of Limbaugh. Must at least mute the TV.
Rich and Gene,
Yes! Fellow sufferers. I request that FOX News be turned off if I have to spend any time at all in a hotel lobby or coffee shop. Nine times out of ten it works and the tenth time is usually some kid who isn’t allowed access to the remote. More often than not the channel that pops up is one of the ESPN’s or the Weather . Anything is better.
Rush Limbaugh, Nancy Grace, Glen Beck and The Tea Party
Pa toooie- I spit on them.
Immediately after beating them soundly with a two by four
A disgrace to America
Oro Lee,
She was DWB….in Houston….easy target….
This is a broadcast that I can only imagine Rush would do and I can hear him right now talking about this on his show….an in Houston…..we have a person that has a Job….on the way to work….driving on the shoulder….when she was stopped learned that she was black…..This is the part of the story that you need to listen to….a Black person working in Houston….We know that is a lie…..
The about was meant to be a mockery on Rush….I wonder how he’d be treated with all of his cotin…….
FWIW, I disprove of Rush and people like Rush…I don’t care what party….I don’t care what religion….the only thing that they are interested in is the collection plate….Not any better than Televangelist…
Rich,
It’s funny you should mention that. There are few quicker ways to lose my business than to have that crap blaring from the televisions in your place of business. Same with Rush on the radio.
An arrest for driving on the shoulder — that’s it? Nothing else? Even in Texas that’s beyond ordinary.
Maybe this will get hotels to stop showing Faux News or HLN (te Nancy Grace network) in their lobbies and restaurants. Talk about offensive,
When did we go back to using the Constitution? Obama has a DEATH PANEL now – an actual hit list maker! They act with complete impunity (like the CIA and NSA have done since their inception). The police ROUTINELY beat up on peaceful protestors to the status quo and nothing is done. This country is so far down the crapper that it smells terrible to the rest of the world. The only people that take us to be an example of good governance any more are dictatorships and ruthless regimes.
Now that is a valid cause of action.