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Ninth Circuit Allows Trump Supporters' Lawsuit Over Protest Injuries to Proceed
Law dot com ^ | 7/27/18 | Cheryl Miller

Posted on 07/27/2018 4:45:33 PM PDT by markomalley

A class action filed by Donald Trump supporters who say they were injured after San Jose police in 2016 steered them into a mob of protesters will continue after the U.S. Court of Appeals for the Ninth Circuit on Friday doused police officers’ arguments seeking qualified immunity.

A three-judge panel unanimously affirmed U.S. District Judge Lucy Koh of the Northern District of California’s 2017 ruling denying the city of San Jose’s efforts to dismiss the suit against seven police officers. The plaintiffs say the officers channeled them into a violent crowd on June 2, 2016, as they exited a rally for then-presidential candidate Trump at the McEnery Convention Center. Rally-goers say they were punched and pelted with eggs while nearby law enforcement officers did nothing to protect them.

“We find the officers violated clearly established rights and are not entitled to qualified immunity at this stage of the proceedings,” Senior Judge Dorothy Wright Nelson wrote for the panel, which also included Judges Andrew Kleinfeld and William Fletcher.

“Being attacked by anti-Trump protesters was only a possibility when the attendees arrived at the rally,” Nelson wrote. “The officers greatly increased that risk of violence when they shepherded and directed the attendees towards the unruly mob waiting outside the Convention Center.”

The panel also declined to block the 20 plaintiffs’ claims against San Jose, which Koh allowed to stand, saying it lacked jurisdiction to consider that portion of the city’s appeal.

“Regardless of whether you’re a supporter of Donald Trump, every citizen should cheer that our government will be held accountable in cases where they put citizens in harm’s way,” said the plaintiffs’ attorney, Harmeet Dhillon of Dhillon Law Group in San Francisco. Dhillon, a Republican National Committee member, attended the 2016 rally with her husband and a law firm partner and said she was appalled by the “vicious assaults.”

“After two years of waiting, my clients are thrilled and I’m thrilled” by the ruling, Dhillon said.

A message left with San Jose City Attorney Richard Doyle was not immediately returned Friday. Doyle told The Recorder in 2016 that the claims against the city and officers were meritless.

“The police did everything they could under the circumstances,” Doyle said. “It’s not fair to bash the police on this one.”

The suit originally named San Jose Police Chief Eddie Garcia and Mayor Sam Liccardo. Liccardo was dropped as a defendant from an amended version of the suit in November 2016 and Koh’s ruling dismissed claims against Garcia.


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: California
KEYWORDS: 9thcircuit; california; injuries; lawsuit; ninthcircuit; protest; sanjose; supporters; trump

1 posted on 07/27/2018 4:45:34 PM PDT by markomalley
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To: markomalley
Did President Trump turn the 9th into a sane court? Amazing.
2 posted on 07/27/2018 4:46:48 PM PDT by Vision (Obama corrupted, sought to weaken and fundamentally change America; he didn't plan on being stopped)
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To: markomalley

The so-called “Department of Justice” should be shoulder to shoulder with the plaintiffs against the Bolshevik Mafia run City of San Jose.

What happened at that rally was a violent affront against the Civil Rights of Americans at the hands of foreign terrorists.


3 posted on 07/27/2018 4:49:11 PM PDT by Regulator
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To: Vision

They probably want to have cover for the bad decisions.


4 posted on 07/27/2018 4:49:14 PM PDT by setha (England: Once great, now lost to the Diversity Deviants & Mohammedans.)
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To: Vision

...Did President Trump turn the 9th into a sane court? Amazing...

No. That will take more appointments.
But, this is more like the broken clock having the right time twice a day.


5 posted on 07/27/2018 4:51:54 PM PDT by Sasparilla ( I'm Not Tired of Winning)
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To: markomalley

bookmark


6 posted on 07/27/2018 4:53:42 PM PDT by GOP Poet
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To: markomalley

You can’t help but chuckle the absurdity of a Leftist attorney defending the police.

If they are up against those people who supported Trump, I take it that it’s a Lefty. If it’s a police union attorney, I think it they’re Lefties.

Who knows, it may be an otherwise good guy who thinks he’s doing right by defending the police.

In this instance I think he would be wrong, if the plaintiffs’ case is solid. The judges seem to think there’s merit to the case.


7 posted on 07/27/2018 4:54:04 PM PDT by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 215.71 from 50% increase 1.2183 yrs)
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To: markomalley

I recall some one asking a San Jose cop for help because of the violent attacks happening around the corner, all this cop said in his tough guy voice was “yea so?”. Any one recall the YouTube clip? Still makes my blood boil. Public servants my a**. They knew what was going on and they did not care.


8 posted on 07/27/2018 4:55:16 PM PDT by Mark was here (Fake news = "Hands up ... Dont shoot")
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To: Vision

I suspect the ninth circus knows what’s coming from the SCOTUS once our new conservative justice is seated.


9 posted on 07/27/2018 4:57:30 PM PDT by ChuckHam
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To: Vision

It had to be a toss-up for the 9th: Trump supporters or cops, tough choice for them.


10 posted on 07/27/2018 4:58:11 PM PDT by EDINVA
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To: markomalley

This will probably open up a half dozen or so similar lawsuits for racketeering violence against Trump supporters.


11 posted on 07/27/2018 5:28:07 PM PDT by Karl Spooner ( ยท)
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To: markomalley

Remarkable. When did the 9th Circuit have a come-to-Jesus moment? Two wins in a few days. Just wow.


12 posted on 07/27/2018 5:30:05 PM PDT by MayflowerMadam (Have an A-1 day..aure)
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To: Regulator

“What happened at that rally was a violent affront against the Civil Rights of Americans at the hands of foreign terrorists.”

Absolutely correct. Crap like this is why conservatives need to elect a pro-2nd amendment, constitutional sheriff in their counties.

The county sheriff has the legal and armed muscle to handle leftist mobs and traitor cops. I have one in my county.

My sheriff can call out 2,000 (that’s a battalion) armed auxiliary deputies for “emergencies.” He’s thrown out two police chiefs who were abusing citizens. Seven democrat bureaucrats are sitting in state prison for embezzlement. He represents the county as an elected official accountable to the voters.

That’s how citizens control rogue cops.


13 posted on 07/27/2018 5:35:45 PM PDT by sergeantdave (Teach a man to fish and he'll steal your gear and sell it)
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To: Vision

They don’t want to set a precedent for Antifa members who get the snot beat out of them.


14 posted on 07/27/2018 5:39:19 PM PDT by bigbob (Trust Sessions. Trust the Plan.)
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To: Vision

I wonder if they’re responding to his threat to break it up.


15 posted on 07/27/2018 6:20:42 PM PDT by tbw2
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To: markomalley
This was the event where the defenseless pretty Blond lady was penned against the auditorium doors being harassed and pelted with eggs? Then the young kid wearing a MAGA shirt was running for his life from a mob that caught up with him and gave him a bit of a beat down???
16 posted on 07/27/2018 8:21:40 PM PDT by DAC21
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To: markomalley
The suit originally named San Jose Police Chief Eddie Garcia and Mayor Sam Liccardo. Liccardo was dropped as a defendant from an amended version of the suit in November 2016 and Koh’s ruling dismissed claims against Garcia.

So the actual individuals responsible get a pass and the taxpayers foot the bill.

17 posted on 07/27/2018 10:39:46 PM PDT by Hugin (Conservatism without Nationalism is ba fraud.,)
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To: ChuckHam

They know that they are the most overturned court in the land. If it weren’t for them the Supremes would hardly have anything to do!


18 posted on 07/28/2018 1:05:10 AM PDT by prophetic (Trump is today's DANIEL. Shut the mouth of lions Lord, let his enemies be made the Cat Food instead.)
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To: Vision

I think the 9th sees the SCOTUS moving in a sane direction and they know their days are severely numbered if they continue the way they’ve done...


19 posted on 07/28/2018 4:16:00 AM PDT by trebb (Too many "Conservatives" who think their opinions outweigh reality these days...)
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