Fleet-footed ethnic bro was an immigrant from SOMALIA.
Posted on 07/29/2018 5:36:24 PM PDT by yesthatjallen
A federal appeals court on Friday allowed supporters of then-presidential candidate Donald Trump to proceed with a lawsuit alleging they were beaten after San Jose police steered them into a crowd of anti-Trump protesters.
Police and the city of San Jose can’t claim that officers have immunity from being sued in the aftermath of the June 2016 confrontation outside a Trump campaign rally, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled.
ETC...
(Excerpt) Read more at mercurynews.com ...
Nineteen Trump supporters sued the city and individual police, alleging that officers guided them into a violent protest, barred them from finding a safer way out and then stood by while protesters assaulted them.
The justices said the Trump supporters “have alleged sufficiently that the Officers increased the danger to them,” and that the police acted with “deliberate indifference to that danger.”
The supporters are represented by lawyer and Republican Party official Harmeet Dhillon.
San Jose City Attorney Richard Doyle said the city council will decide whether to take the case to the entire 9th Circuit, appeal to the U.S. Supreme Court, or proceed to trial.
“We think in the end the officers didn’t do anything wrong and they did everything they could to try to protect public safety,” he said. “The police officers were really caught between a rock and a hard place.”
Police wearing riot gear stood their ground for about 90 minutes as violence escalated before breaking up scuffles and making arrests.
What is going on with the 9th?
Tip the city’s coffers upside down and EMPTY THEM..!
Those poor people were deliberately lured into a Police supervised AMBUSH.
Let them patrol on bicycles.
Agreed. Notwithstanding that we all owe them a debt of gratitude for unmasking just how profane and evil the Never Trumper crowd actually was.
Fleet-footed ethnic bro was an immigrant from SOMALIA.
The San Jose Police Department gave aid and comfort to the enemy. The Constitution has a word for that.
I hope the cops are sued individually for what they allowed to happen.I dont care what the leadership told them to do with regards to the stand down order.The officers were clearly wrong and should suffer the consequences for not protecting the public when its obvious the could have and did not.
Trump’s Civil Rights Division should also sue.
I hope the holdovers are gone.
Cops thought that the shrill one would win the election, and this would have been swept under the rug.
A woman was involved in a freeway accident. She pulled over and stayed in her car. A California Highway Patrol officer arrived, told her to leave her car and to stand in a particular place next to his car which wasn't safe. Another car came along and clipped her. She sued the Highway Patrol and the officer in question.
They claimed police immunity for discretionary decisions, plus that they had no duty to protect her from traffic. The California appellate court ruling agreed that there was no duty to protect her from harm, but there was a duty not to put her in worse danger than she was before the police intervened. Basically she had a legal duty to obey the police, so if they told her to do something lawful (like move), she had to obey under penalty of being arrested for failure to follow a police order.
So the police have a duty not to make things worse, i.e, they have a civil duty of care not to negligently put people into greater peril, by obeying police orders or advice, than they would have been had the police said and done nothing.
This principle applied directly to the state negligence claims arising from the San Jose situation. It wasn't that the San Jose police did nothing. They did several things which put the plaintiffs in this case into greater peril than if the police had in fact done nothing at all.
Federal civil rights law is quite different. That involves intentional torts, as opposed to negligence. The real question there is whether intentional denial of police services, with the intent to create peril and injury, is actionable. We'll see.
Here’s a better idea: All payments come out of the police pension fund.
Very informative, thanks.
One must admit, though, that it is unusual to see the 9th even trying to act right.
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