• Please be sure to read the rules and adhere to them. Some banned members have complained that they are not spammers. But they spammed us. Some even tried to redirect our members to other forums. Duh. Be smart. Read the rules and adhere to them and we will all get along just fine. Cheers. :beer: Link to the rules: https://www.forumsforums.com/threads/forum-rules-info.2974/

Ninth Circuit panel unanimously backs lawsuit against San Jose police who stood by

Jim_S

Gone But Not Forgotten
GOLD Site Supporter
July 28, 2018
Ninth Circuit panel unanimously backs lawsuit against San Jose police who stood by and watched attacks on Trump supporters
By Thomas Lifson
A
https://www.americanthinker.com/blo..._and_watched_attacks_on_trump_supporters.html

Normally, suing police for failing to prevent crime is not allowed by courts. But a three-judge panel of the Ninth Circuit Court of Appeals has just allowed a lawsuit against the City of San Jose and its police department to proceed, despite this general presumption (called "qualified immunity") that police cannot be held responsible for failing to prevent crime.

News media, both local and national, watched and recorded as San Jose police stood aside as people leaving a Trump rally in San Jose were heinously assaulted by anti-Trump thugs. The Washington Post at the time (June 2016) reported:


Protests outside a Donald Trump rally in downtown San Jose spun out of control Thursday night when some demonstrators attacked the candidate's supporters.

Protesters jumped on cars, pelted Trump supporters with eggs and water balloons, snatched signs and stole "Make America Great" hats off supporters' heads before burning the hats and snapping selfies with the charred remains.

Several people were caught on camera punching Trump supporters. At least one attacker was arrested, according to CNN, although police did not release much information.

Bob Egelko of the San Francisco Chronicle explains the Ninth Circuit's logic in allowing the lawsuit to proceed:

If the allegations are true, "the officers acted with deliberate indifference to a known and obvious danger" and violated the Trump supporters' constitutional rights," said the Ninth U.S. Circuit Court of Appeals in San Francisco.

After the rally at the McEnery Convention Center, police directed those in attendance to leave from a single exit. There, according to the lawsuit, they were ordered to head out onto a street where hundreds of anti-Trump protesters were waiting, even though a safer route and other exits were available.

They funneled the Trump-supporters into a space dominated by hostile demonstrators who already had been violent. In my opinion, this constitutes collaboration in the violence.

The court decision wrote:

[T]he attendees alleged sufficiently that the officers increased the danger to them by shepherding them into a crowd of violent protesters and that the officers acted with deliberate indifference to that danger. The district court therefore correctly denied the officers qualified immunity.

While San Jose may appeal to the Supreme Court, delaying the lawsuit from proceeding, once court proceedings begin, the extensive documentation of the violence with police watching will be powerful and persuasive evidence. Here is a screen grab illustrating that point from a YouTube video (hat tip: Breitbart):

(View below)

The lawyer for the plaintiffs is Harmeet Dhillon, a hero of mine. In addition to being the Republican national committeeman from California, she represents James Damore in his lawsuit against Google for firing him over critical views expressed about diversity. She richly deserves a large contingency fee if these lawsuits succeed and result in substantial judgments against wealthy defendants who discriminate on the basis of political preferences.

I have to wonder: given two sensible decisions of late (this is the other one, affirming a Second Amendment right to open carry), has the Ninth Circuit been affected by the need to wade through poop and dirty drug needles getting to its courthouse in San Francisco and decided that leftist madness has gone too far?
 

Attachments

  • 9EC0D8F7-0CDB-4221-9A56-DAA851B10184.png
    9EC0D8F7-0CDB-4221-9A56-DAA851B10184.png
    347 KB · Views: 32

300 H and H

Bronze Member
GOLD Site Supporter
They tout diversity as a virtue, except for white people who are the devil..

They stand for the rights of all Americans, except those who don't see things their way.

They want free sh1t for all, College, heath care ect. yet have no idea how to pay for that. They trash capitalize, and tout socialistic ways. Yet they have no idea how to get there...

To me it really is beginning to be apparent you really can not fix stupid. It has become a way of life for the left, nearly half of our nation. Thank God for Trump!

Regards, Kirk
 

tiredretired

The Old Salt
SUPER Site Supporter
They, the police, were obviously ordered to stand down and no nothing by the worthless liberal powers that be. Rather then do the right thing, the thing they are sworn to do, protect and serve by the way, they followed an unlawful order and did nothing. Cowards like that piece of shit Sherriff in Parkland.

The whole lot of them should be fired and thrown in jail. Nothing but a bunch of drug loving worthless liberal assholes.
 

300 H and H

Bronze Member
GOLD Site Supporter
They, the police, were obviously ordered to stand down and no nothing by the worthless liberal powers that be. Rather then do the right thing, the thing they are sworn to do, protect and serve by the way, they followed an unlawful order and did nothing. Cowards like that piece of shit Sherriff in Parkland.

The whole lot of them should be fired and thrown in jail. Nothing but a bunch of drug loving worthless liberal assholes.

OR Trump supporters with carry permits use them. :thumbup:

Something tells me once several guns are presented, lots of the bull shit would stop.

IF not shoot a few and then get the desired reaction. Self defense against a mob who outnumbers you always plays well in a court of law IMHO.

Regards, Kirk
 

rugerman

New member
The police should have done their job (to protect and serve) but somewhere along the line the powers that be told them to stand down and they were caught between a rock and a hard place, do as they should or do as ordered and keep your job.
 

tiredretired

The Old Salt
SUPER Site Supporter
The police should have done their job (to protect and serve) but somewhere along the line the powers that be told them to stand down and they were caught between a rock and a hard place, do as they should or do as ordered and keep your job.

I love the police, but I would have NO respect for any policeman / woman who would obey any unlawful order to NOT SERVE & PROTECT!!

You do not stand idly by and allow the citizen to be harmed whether you agree with what they are protesting or not.
 
Top