Pa Sheriffs Immune from Liability for Breaching LTCF Confidentiality

[TaePo]

The purpose of laws and the courts aren't to protect the citizens at this point. They are designed to protect those in power and to keep them in power. The Constitution has become a moot point.

Winner.

I guess we will amend "any person" definitions...

a) all people who are not Pennsylvanians.
b) all people who are not Sheriffs in Pennsylvania.

The general description of any person is getting kind of specific, no?


But the law mentions any agency or department, so can the department be had?

[Didnotcomply89]

That is in complete opposition to what is stated in the law. Unconstitutional.

[GunLawyer001]

Maybe appealing important gun rights cases in Pennsylvania isn't always a good idea for the gun community.

[Jhaydeno]

Sorry, but I've got to disagree somewhat. While a sheriff should not be immune, since when is mailing a postcard, which at most may be glanced at by the delivering mailman (everything else is electro/mechanically sorted), considered "public disclosure"? Nobody provided a list of LTCF holders, discussed names, leaked to the media, or actively disclosed details. Plus, remember it's a federal crime to open and read mail not addressed to you

[TaePo]

Sorry, but I've got to disagree somewhat. While a sheriff should not be immune, since when is mailing a postcard, which at most may be glanced at by the delivering mailman (everything else is electro/mechanically sorted), considered "public disclosure"? Nobody provided a list of LTCF holders, discussed names, leaked to the media, or actively disclosed details. Plus, remember it's a federal crime to open and read mail not addressed to you

I suppose we could save a lot of money on couriers, encryption/decryption or special packaging and send all classified docs in the clear on the back of post cards. The mail is legally protected from snoops, right? And we all know if you pass a law against some action, then it can no longer happen.

OR: I am sure insurance carriers would love to save money and send your <insert disease here> test results on post cards...Where do we draw the line? [/sarcasm]

If information is not to be leaked, you should take reasonable measures to protect it. Put it in an envelop. Does the Sheriff send everything on post cards? We have enough problems with emails getting loose!

Knowing the law, whether you are liable or not, should steer you in the right answer on how to send the information. How is it justified to ignore what the law is mandating (as far as trying to protect citizens) just because there is no punishment for you in not following it, especially as law enforcement? If we do allow them to do this, then they can 'scare' away some people from exercising their rights freely. And that is governmental abuse of power. So it is rather important.

Nobody announced how I voted when I was in the booth. Hey, Taepo voted for...get him!

[RockIsland]

Maybe appealing important gun rights cases in Pennsylvania isn't always a good idea for the gun community.

Now how'd I know you were gonna say that?

[GunLawyer001]

Now how'd I know you were gonna say that?

Because I'm known for stating the truth? (let's just go with that one, OK?)

[streaker69]

Sorry, but I've got to disagree somewhat. While a sheriff should not be immune, since when is mailing a postcard, which at most may be glanced at by the delivering mailman (everything else is electro/mechanically sorted), considered "public disclosure"? Nobody provided a list of LTCF holders, discussed names, leaked to the media, or actively disclosed details. Plus, remember it's a federal crime to open and read mail not addressed to you

Let me introduce you to my mailman.

[pacodelahoya]

so are they also immune from suites against them for adding illegal stipulations to the requirements?
like restricting references to in-county only, requiring tax forms for identity, not refunding fees on denial. etc?

how do we clear out the judges responsible?

I have a good idea but expressing it would get me banned....and cause black helicopters to appear overhead.

[Statkowski]

While a sheriff should not be immune, since when is mailing a postcard, which at most may be glanced at by the delivering mailman (everything else is electro/mechanically sorted), considered "public disclosure"?

I was courting the lady who became my wife some 42 years ago. Separated by distance, I wrote, almost daily to her, and she did likewise. Her mailman's name was Sam, and he had commented to her about all the mail she was receiving from me. In her writing to me she let drop what Sam had said.

So, I mailed her a postcard, and on the postcard, clearly addressed to her, I wrote, "Sam, you do know it's not nice to read someone else's mail."

Instead of dropping the mail off in the mail slot, he had to deliver that piece of mail personally to her. They both howled.