CLAIM: The ACLU of South Dakota claims it should be able to sue law enforcement officials over a new riot boosting law that is designed to protect critical infrastructure projects and those who work on them. The ACLU claims the Pennington County sheriff can be sued because he has “discretion in whether and how to enforce the challenged laws, and the vagueness of the challenged laws requires (the sheriff) to exercise discretion and make choices in enforcing the law. Each time (the sheriff) makes a choice about the laws’ meaning, as the highest official in the county for that action, …
FACT CHECK: ACLU of South Dakota Wants to Sue Law Enforcement Official Over Riot Boosting Law
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