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avebury

(10,952 posts)
Thu Sep 3, 2015, 01:06 PM Sep 2015

Hi Ho Hi Ho It is off to jail you go..

Last edited Thu Sep 3, 2015, 05:31 PM - Edit history (1)

Kim Davis is in custody until she signs marriage licenses. Crowd outside erupts in applause

BREAKING: Judge sends Rowan Clerk #KimDavis to jail until she agrees to comply with his order to issue marriage licenses.
5 RETWEETS 2 FAVORITES



http://www.kentucky.com/2015/09/03/4018194_live-updates-developments-in-rowan.html?rh=1

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Hi Ho Hi Ho It is off to jail you go.. (Original Post) avebury Sep 2015 OP
Per judge: avebury Sep 2015 #1
Correct jberryhill Sep 2015 #12
and there she is.. yuiyoshida Sep 2015 #77
Now THAT is justice well served. Betty Karlson Sep 2015 #52
or she could resign. hollysmom Sep 2015 #2
She's stated she will not resign jmowreader Sep 2015 #87
I don't think she should be detained. Fired, yes. LeftinOH Sep 2015 #3
As an elected official she cannot be fired. nt avebury Sep 2015 #7
She can't be fired. She is an elected official. n/t demmiblue Sep 2015 #8
She should be detained and left with a Quran in her cell LOL snooper2 Sep 2015 #9
pics here: dixiegrrrrl Sep 2015 #79
She cannot be fired. She is ELECTED. Impeached, yes. Fired, no. Raster Sep 2015 #10
Can't be fired. It's an elected position. jeff47 Sep 2015 #14
So she knows that she can act like a jackass without the threat of being swept aside. King_Klonopin Sep 2015 #89
She'll need a serious makeover before Ilsa Sep 2015 #90
Violate a judge's order and you'll go to jail NightWatcher Sep 2015 #16
I clerked for two state district judges. hifiguy Sep 2015 #36
My father is a retired federal jidge rpannier Sep 2015 #86
Yeah well. It's a pretty bad precedent. Matariki Sep 2015 #63
She's breaking a Federal Law lunatica Sep 2015 #44
There has been no doubt Fairgo Sep 2015 #56
i don't think she should abuse her position and commit unlawful acts samsingh Sep 2015 #59
Outstanding! Hayduke Bomgarte Sep 2015 #4
Awesome! demmiblue Sep 2015 #5
Any pics of her in an orange jump suit yet? B Calm Sep 2015 #6
I'll bet wearing orange is a violation of some other belief of hers jberryhill Sep 2015 #15
LOL B Calm Sep 2015 #34
Especially if it's a cotton/poly blend! gregcrawford Sep 2015 #38
I'll bet you are correct! hamsterjill Sep 2015 #57
The choir from her church turned out today jberryhill Sep 2015 #64
Numbers 30:1-2 dixiegrrrrl Sep 2015 #80
It's some Pentecostal outfit. jberryhill Sep 2015 #81
From the looks of them they haven't been on a date in their lives. Elmer S. E. Dump Sep 2015 #83
No problem rocktivity Sep 2015 #62
After all, orange is the new black! KamaAina Sep 2015 #45
Oooooh! underpants Sep 2015 #51
I'd LOVE to see a pic of her in an orange jump suit. lpbk2713 Sep 2015 #11
Still in street clothes in her mug shot: beac Sep 2015 #74
Excellent, now sue this Democrat into oblivion randys1 Sep 2015 #13
We are supposed to stand lock-step with anyone who has a D after their name. demmiblue Sep 2015 #20
You think she voted for Obama? B Calm Sep 2015 #27
Yes, there are still blue dog Democrats in the south jberryhill Sep 2015 #35
You are an attorney, can the couple seeking the license sue her individually, civilly? randys1 Sep 2015 #39
What is it that you think this case is about? jberryhill Sep 2015 #40
Sorry, I just meant can they sue for pain and suffering, loss of something, outside of the randys1 Sep 2015 #42
The complaint lists what they are asking for jberryhill Sep 2015 #43
OK, a question on the above. Stonepounder Sep 2015 #58
. jberryhill Sep 2015 #61
OH.... Hepburn Sep 2015 #17
this will play into her desire for martydom... Takket Sep 2015 #18
Worried that this might make hers a cause celebre. HughBeaumont Sep 2015 #19
They absolutely should withhold her benefits as she is now avebury Sep 2015 #21
Won't work when millions of fanatics would send her cash. jeff47 Sep 2015 #22
There's a point to consider here. lpbk2713 Sep 2015 #23
Why would she retire? It cuts off the cash faucet. (nt) jeff47 Sep 2015 #24
Let the civil suits begin with all avebury Sep 2015 #30
I am sure there is a well-crafted paragraph in the complaint hifiguy Sep 2015 #37
The liability should all be on her because she is acting outside The Velveteen Ocelot Sep 2015 #54
Someone posted yesterday that the state and county already cut her loose hifiguy Sep 2015 #60
It's why I asked "Is there any way she loses here?" HughBeaumont Sep 2015 #25
Would require a creative fine jeff47 Sep 2015 #28
An extremely punitive fine of say $50 million might do it. EEO Sep 2015 #84
Eh... I thinks she will have less shelf life than Joe the Plumber underpants Sep 2015 #53
Seems to me (from my point of view) that the public are rejecting her en-mass LostOne4Ever Sep 2015 #88
Thank you, Ceiling Cat! shenmue Sep 2015 #26
Ceiling Cat is a just and loving deity. Arugula Latte Sep 2015 #31
And then u no has chzburger shenmue Sep 2015 #33
That's justice served. H2O Man Sep 2015 #29
Excellent!!! n/t RKP5637 Sep 2015 #32
Have fun rotting in jail with the Lord! Rex Sep 2015 #41
Believe me she’ll be figuring out.. busterbrown Sep 2015 #46
You know she will! Rex Sep 2015 #73
Whammer blammer thank you slammer Blue Owl Sep 2015 #47
Hilarious! MoonRiver Sep 2015 #48
She basically set herself on fire. . . DinahMoeHum Sep 2015 #49
Everyone is missing the point packman Sep 2015 #50
She can have whatever she wants in the church of her mind The Velveteen Ocelot Sep 2015 #55
Amen packman Sep 2015 #69
Until she backs down, which she will. Then she's a coward. /nt Marr Sep 2015 #70
Though this development makes me happy iandhr Sep 2015 #65
This just in... Deputy clerks willing to issue licenses Fritz Walter Sep 2015 #66
Actually, her son is the one deputy NOT willing to issue licenses: the other five are willing. mnhtnbb Sep 2015 #67
I stand corrected Fritz Walter Sep 2015 #68
I think there's a tweet indicating judge not ready to send him to jail. mnhtnbb Sep 2015 #71
If you truly want to recall the 7 Dwarves... Herman4747 Sep 2015 #72
'whistling...' tomm2thumbs Sep 2015 #75
Buh bye n/t ejbr Sep 2015 #76
Kickin' and Reccin' BeanMusical Sep 2015 #78
the major problem I see with her being in jail is that, once again, she is sucking at the public niyad Sep 2015 #82
What if public employees defied the law over all of these religious beliefs: Liberty Belle Sep 2015 #85

avebury

(10,952 posts)
1. Per judge:
Thu Sep 3, 2015, 01:07 PM
Sep 2015

Judge said fine for Kim Davis would not work b/c others apparently raising money to pay fines for her. ^JC

 

jberryhill

(62,444 posts)
12. Correct
Thu Sep 3, 2015, 01:11 PM
Sep 2015

Even though the ACLU had only requested she be fined, the general guideline for contempt remedies is that they be tailored to obtaining compliance. Now, jail doesn't always work, but it is clear that fines would not.
 

snooper2

(30,151 posts)
9. She should be detained and left with a Quran in her cell LOL
Thu Sep 3, 2015, 01:10 PM
Sep 2015

The icing on the cake would to see her crying as she is led away-

PICS PLEASE!

jeff47

(26,549 posts)
14. Can't be fired. It's an elected position.
Thu Sep 3, 2015, 01:12 PM
Sep 2015

So she would have to be impeached, and there are not enough votes in the KY Senate to convict her.

King_Klonopin

(1,306 posts)
89. So she knows that she can act like a jackass without the threat of being swept aside.
Fri Sep 4, 2015, 06:25 AM
Sep 2015

I am beginning to see the cunning plan in her twisted little mind:

1) Defy the "liberal" law and the "activist judge" that accommodates those evil "gays".
2) Set myself up to be the championing "David vs Goliath" in the eyes of the religious right (who love this shit.)
3) Take it over the top by going to jail and claiming religious persecution by "the tyrannical government"
4) Attract endless media attention from the insatiable 24-hour news beast, and whore myself to gain recognition.
5) Parlay it all into a Republican nomination for a Rep or Senate seat -- State, or even Federal ! Genius !!

Ted Cruz would be proud.

add: OR, she will use the "trauma" to file a claim for SSDI. Either way, very cunning.

NightWatcher

(39,343 posts)
16. Violate a judge's order and you'll go to jail
Thu Sep 3, 2015, 01:12 PM
Sep 2015

Judges like to be obeyed and will spank you if you go against their orders

 

hifiguy

(33,688 posts)
36. I clerked for two state district judges.
Thu Sep 3, 2015, 01:52 PM
Sep 2015

The surest way to piss off a judge, ANY judge, is to disrespect them to their face. Refusing to follow a lawful order issued from the bench is the quickest way to get so far into a judge's doghouse that they will need to send spelunkers in to find you.

rpannier

(24,329 posts)
86. My father is a retired federal jidge
Fri Sep 4, 2015, 12:40 AM
Sep 2015

Refusing quietly angers them less than
Turning your refusal into a public circus

Matariki

(18,775 posts)
63. Yeah well. It's a pretty bad precedent.
Thu Sep 3, 2015, 03:25 PM
Sep 2015

If there are no consequences for following Supreme Court (or any court's) decisions

lunatica

(53,410 posts)
44. She's breaking a Federal Law
Thu Sep 3, 2015, 02:40 PM
Sep 2015

It may not seem like much to some people, but she's denying people a fundamental right and she works for the County of her State. What do you think should happen?

Fairgo

(1,571 posts)
56. There has been no doubt
Thu Sep 3, 2015, 03:20 PM
Sep 2015

This was the only reasoned conclusion in a democracy under rule of law. She took on the mantel of office, this is the sanction.

hamsterjill

(15,220 posts)
57. I'll bet you are correct!
Thu Sep 3, 2015, 03:21 PM
Sep 2015

She probably can't wear a jumpsuit because she doesn't believe in women wearing pants. Everything that I've seen her dressed in during any video is very Duggar-esque, including the black jumper she had on yesterday with the royal blue tunic underneath.

This is a common "trick" (i.e., to wear something under) so that collarbone does not show and tempt the men around her to do horrible things and have horrible thoughts!!! Oh, my!

So, it will be interesting to say the least.

dixiegrrrrl

(60,010 posts)
80. Numbers 30:1-2
Thu Sep 3, 2015, 09:24 PM
Sep 2015
Moses spoke to the heads of the tribes of the people of Israel, saying, “This is what the Lord has commanded.
If a man vows a vow to the Lord, or swears an oath to bind himself by a pledge, he shall not break his word.
He shall do according to all that proceeds out of his mouth.


( credit to DU member TBF who posted the citation on another thread)


What fundy sect is she from, anyhow?
 

jberryhill

(62,444 posts)
81. It's some Pentecostal outfit.
Thu Sep 3, 2015, 09:39 PM
Sep 2015

They tend to be all over the map, since they are "guided by the spirit" to do whatever insane shit they are getting up to at any particular time.

lpbk2713

(42,755 posts)
11. I'd LOVE to see a pic of her in an orange jump suit.
Thu Sep 3, 2015, 01:11 PM
Sep 2015



But I'm willing to bet she will get any number of special priveleges. Among them the right to wear her own clothing, perhaps the right to use her own cell phone, on and on.

demmiblue

(36,841 posts)
20. We are supposed to stand lock-step with anyone who has a D after their name.
Thu Sep 3, 2015, 01:17 PM
Sep 2015

Dontcha know?



What a great day!

 

jberryhill

(62,444 posts)
35. Yes, there are still blue dog Democrats in the south
Thu Sep 3, 2015, 01:51 PM
Sep 2015

And they remain as unrepresentative of the party as the Log Cabin Republicans are of theirs.

randys1

(16,286 posts)
39. You are an attorney, can the couple seeking the license sue her individually, civilly?
Thu Sep 3, 2015, 01:59 PM
Sep 2015

What amount of damages do you think they could claim?

 

jberryhill

(62,444 posts)
40. What is it that you think this case is about?
Thu Sep 3, 2015, 02:21 PM
Sep 2015

I mean, why do you think she's in court in the first place?

This IS the lawsuit against her brought by the couple.

You happen to be commenting on developments in the case of:

APRIL MILLER, KAREN ANN ROBERTS,
SHANTEL BURKE, STEPHEN NAPIER,
JODY FERNANDEZ, KEVIN
HOLLOWAY, L. AARON SKAGGS, and
BARRY W. SPARTMAN,
AND
ALL OTHERS SIMILARLY SITUATED,
Plaintiffs,
v.
KIM DAVIS, both individually and in her
official capacity as Rowan County Clerk, and
ROWAN COUNTY, KENTUCKY,
Defendants.

http://www.aclu-ky.org/wp-content/uploads/2015/07/Rowan-complaint.pdf


I keep seeing comments on DU to the effect of "the couples should sue her". It's kind of mind boggling that people excited over this case don't seem to know what the case is about.

Here is the roadmap I posted back when this case was filed:

http://www.democraticunderground.com/10026926765

The clerk is going to lose on the motion for injunctive relief (ordering the clerk to issue the license) and is then going to have to decide how many days they want to spend locked up on contempt before (a) they issue the license, (b) they resign their post or (c) someone else in that county office is empowered to issue the license and they do so. Both (b) and (c) render holding the clerk on contempt to be moot, since the point of contempt is to gain compliance with the order, and not some "penalty" for non-compliance.

These proceedings so far have been over the preliminary injunctive order issued in the case. The rest of the case will roll on in due course.

Incidentally, this is one of several against her, but is the one which has gotten the furthest thus far (as the court is likely to consolidate them anyway).

randys1

(16,286 posts)
42. Sorry, I just meant can they sue for pain and suffering, loss of something, outside of the
Thu Sep 3, 2015, 02:24 PM
Sep 2015

specific issue at hand.

Isnt that two separate lawsuits?

Never mind, i will read your link

 

jberryhill

(62,444 posts)
43. The complaint lists what they are asking for
Thu Sep 3, 2015, 02:38 PM
Sep 2015

On the damages end, things like pain and suffering etc. are pretty much not in the cards here for a number of reasons (one of which is that the plaintiffs could have mitigated whatever consequences of "not being married" by going to the next county over, which is issuing same sex licenses). The substantive legal point here is that they should not have to go to the next county over. But that merely establishes liability for the 1983 violation by this particular official. Damages and remedies are their own little world after getting over the liability hump.

The court does have a range of punitive and exemplary options, when the thing eventually plays out. The main thing, however, is the attorneys fees which, unlike ordinary civil litigation, is on the table in a 1983 action.

Stonepounder

(4,033 posts)
58. OK, a question on the above.
Thu Sep 3, 2015, 03:22 PM
Sep 2015

Part of the order today was that at least one of the deputy clerks would have to issue licences to everyone who qualified and they had exactly one half hour to decide if they wanted to issue the licences or follow their boss to jail. Not surprisingly, they all opted to issue licences. Do you tink this fulfills part (c) above and since her deputies are now issuing licences, her refusal is now moot?

Seems to me there is still a danger that she could be released, go back to the office, pick up the reigns, and tell them all to quit issuing licences again.

Remember, between her and her maw, they have been the Clerk of Rowan County for a total of 64 years now and I'll just bet she is the one that everyone in county government is scared of. I will bet you she is the one that actually runs the county government behind the curtain. She just forgot that she didn't have the Fedeeral judge in her pocket as well.

Hepburn

(21,054 posts)
17. OH....
Thu Sep 3, 2015, 01:13 PM
Sep 2015

....YEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEES!!!!

Let her rot there!!!!

Takket

(21,563 posts)
18. this will play into her desire for martydom...
Thu Sep 3, 2015, 01:13 PM
Sep 2015

so its a negative from that standpoint, but that negative is outweighed by the positive that freedom and equality has won again in the eyes of the law. I think every homosexual couple in Kentucky should have a mass wedding outside her jail cell.

EDIT: I don't care if people see her as a martyr, I just don't want her to ever get RICH because of this. hopefully that doesn't happen!

HughBeaumont

(24,461 posts)
19. Worried that this might make hers a cause celebre.
Thu Sep 3, 2015, 01:14 PM
Sep 2015

Withholding her pay each day she breaks the law would be better.

But still a good development. "You can't have this because of MY religion" should not be allowed precedent in civil matters.

jeff47

(26,549 posts)
22. Won't work when millions of fanatics would send her cash.
Thu Sep 3, 2015, 01:21 PM
Sep 2015

That pizza joint raised $800k in a week by saying "we won't cater gay weddings".

She'd get a fortune in cash to cover any fines as well as her lost income.

lpbk2713

(42,755 posts)
23. There's a point to consider here.
Thu Sep 3, 2015, 01:25 PM
Sep 2015



I don't want to see her profit from this but if she gets enough in donations (and I'm sure they are coming in now) maybe she will retire and then she won't be a problem any more.

 

hifiguy

(33,688 posts)
37. I am sure there is a well-crafted paragraph in the complaint
Thu Sep 3, 2015, 01:53 PM
Sep 2015

Last edited Thu Sep 3, 2015, 02:53 PM - Edit history (2)

or will be in the amended complaing, requesting a nice, fat award of punitive damages. And all the liability will be on HER, not on the state or county.

The Velveteen Ocelot

(115,681 posts)
54. The liability should all be on her because she is acting outside
Thu Sep 3, 2015, 03:14 PM
Sep 2015

the course and scope of her employment. I can't imagine she would or could be indemnified by the county.

 

hifiguy

(33,688 posts)
60. Someone posted yesterday that the state and county already cut her loose
Thu Sep 3, 2015, 03:23 PM
Sep 2015

because she defied the direct order of a federal judge. She's on an island.

That's misconduct in anybody's book.

And judges tend very much to frown on defiance of the authority of the judicial office.

HughBeaumont

(24,461 posts)
25. It's why I asked "Is there any way she loses here?"
Thu Sep 3, 2015, 01:27 PM
Sep 2015

You jail her - she's a martyr for "religious freedum".

You fine her or withhold her pay . . .. even though gofundme and the like doesn't allow fundraising for discriminators, the cash is still going to get to her somehow.

There were a few on that thread that said the Christian right is backing away from her. Seem to forget Christianity is 2.4 billion members strong. There could easily be 10-100 thousand fundies found in that amount who would give her the cash to keep this lost cause on life support.

Not to mention she's getting more press coverage than Bernie Sanders is.

jeff47

(26,549 posts)
28. Would require a creative fine
Thu Sep 3, 2015, 01:31 PM
Sep 2015

The judge would have to figure out a way to fine her, as well as take any "donated" money. Which would be really hard to do - the fundies would just "donate" to husband #4.

EEO

(1,620 posts)
84. An extremely punitive fine of say $50 million might do it.
Thu Sep 3, 2015, 11:07 PM
Sep 2015

Not sure if the judge has that kind of discretion...

underpants

(182,788 posts)
53. Eh... I thinks she will have less shelf life than Joe the Plumber
Thu Sep 3, 2015, 03:13 PM
Sep 2015

But she could keep making the news aka Zimmerman

LostOne4Ever

(9,288 posts)
88. Seems to me (from my point of view) that the public are rejecting her en-mass
Fri Sep 4, 2015, 02:26 AM
Sep 2015

[font style="font-family:'Georgia','Baskerville Old Face','Helvetica',fantasy;" size=4 color=teal]I think just about everyone save the nuttiest of the nutters on the right can see that SHE was the party in the wrong and that SHE was the oppressor hurting people who did nothing to her.

She might not be the martyr they are hoping for; but rather, the martyr they deserve....a shitty one that makes them all look bad.[/font]

 

Arugula Latte

(50,566 posts)
31. Ceiling Cat is a just and loving deity.
Thu Sep 3, 2015, 01:36 PM
Sep 2015

But if you piss her off she will hiss at you, swat your ass, and see to it that you are thrown in jail.

busterbrown

(8,515 posts)
46. Believe me she’ll be figuring out..
Thu Sep 3, 2015, 02:49 PM
Sep 2015

How to post a go fund me site...While visiting the Big House..

 

Rex

(65,616 posts)
73. You know she will!
Thu Sep 3, 2015, 05:45 PM
Sep 2015

I bet she cannot wait to see all the payola coming in from Foxnews etc.. after she gets out and does the RWing talk show rounds.

 

packman

(16,296 posts)
50. Everyone is missing the point
Thu Sep 3, 2015, 03:08 PM
Sep 2015

She got what she wanted in the church of her mind - she's a martyr for Christ.

Onward, Christian soldiers, marching as to war,
With the cross of Jesus going on before.
Christ, the royal Master, leads against the foe;
Forward into battle see His banners go!

The Velveteen Ocelot

(115,681 posts)
55. She can have whatever she wants in the church of her mind
Thu Sep 3, 2015, 03:16 PM
Sep 2015

and she can sit in her jail cell and worship all day in the church of her mind. But now, with her out of the way, the deputy clerks can issue marriage licenses in accordance with the law - and that's the real point.

 

packman

(16,296 posts)
69. Amen
Thu Sep 3, 2015, 04:01 PM
Sep 2015

but it would still have been satisfying to me, at least, if she just had the slightest glimmer of her spiritual arrogance and the harm it was causing.

Fritz Walter

(4,291 posts)
66. This just in... Deputy clerks willing to issue licenses
Thu Sep 3, 2015, 03:54 PM
Sep 2015
https://twitter.com/BGPolitics/status/639520385046827008/photo/1?ref_src=twsrc%5Etfw


How sharper than a serpent's tooth it is to have her own son put his civil service job ahead of her principles.


Big Kim {Davis} will now fade into obscurity, apart from the occasional appearance on Fux Noose promoting her soon-to-be-ghost-written book.
Let's just hope that TLC doesn't get any bright ideas about another reality show based on eastern Kentucky trailer trash.

mnhtnbb

(31,384 posts)
71. I think there's a tweet indicating judge not ready to send him to jail.
Thu Sep 3, 2015, 04:08 PM
Sep 2015

Yup.

Bluegrass Politics ?@BGPolitics 55m55 minutes ago

Five deputy clerks willing to follow the law seems adequate, Judge Bunning said. He won't hold Kim Davis' son, Nathan, in contempt. ^JC

tomm2thumbs

(13,297 posts)
75. 'whistling...'
Thu Sep 3, 2015, 07:49 PM
Sep 2015

♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬

niyad

(113,275 posts)
82. the major problem I see with her being in jail is that, once again, she is sucking at the public
Thu Sep 3, 2015, 10:28 PM
Sep 2015

teat. we paid her while she was not doing her job, and now we have to pay to keep her in jail for not doing her job. she screws us either way.

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