Skip to comments.Ninth Circuit Allows Trump Supporters' Lawsuit Over Protest Injuries to Proceed
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 Californias 2017 ruling denying the city of San Joses 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 citys appeal.
Regardless of whether youre a supporter of Donald Trump, every citizen should cheer that our government will be held accountable in cases where they put citizens in harms 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 Im 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. Its 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 Kohs ruling dismissed claims against Garcia.
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.
They probably want to have cover for the bad decisions.
...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.
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.
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.
I suspect the ninth circus knows what’s coming from the SCOTUS once our new conservative justice is seated.
It had to be a toss-up for the 9th: Trump supporters or cops, tough choice for them.
This will probably open up a half dozen or so similar lawsuits for racketeering violence against Trump supporters.
Remarkable. When did the 9th Circuit have a come-to-Jesus moment? Two wins in a few days. Just wow.
“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.
They don’t want to set a precedent for Antifa members who get the snot beat out of them.
I wonder if they’re responding to his threat to break it up.
So the actual individuals responsible get a pass and the taxpayers foot the bill.
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!
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...
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