Posted on 08/31/2019 5:18:51 PM PDT by grey_whiskers
The Ninth U.S. Circuit Court of Appeals held yesterday that a Los Angeles Police Department officer is entitled to qualified immunity in an action based on his nonfatal shooting of a 15-year-old boy who was in a group of four youths in an alley, one of whom was perceived by the officer to be holding a gun on one of the others.
Officer Miguel Gutierrez fired his weapon, grazing the back of Jamar Nicholson Green, who was the boy believed to be holding a weapon (which was actually a toy pistol with an orange cap). Gutierrez participated in the decision to handcuff the youths—including Green, who was taken to the hospital and later released to his mother—but was separated from them and did not have any part in detaining them, in restraints, for more than five hours.
(Excerpt) Read more at metnews.com ...
He then detained and handcuffed *all* of them, (guess? maybe trying to find *something*, *anything*, to blame them for and get himself out of trouble).
Part of the Court's ruling is as follows:
“Even if a constitutional violation occurred, qualified immunity nevertheless applies unless the violation was clearly established. Because no analogous case existed at the time of the shooting, we hold that the district court erred in denying Gutierrez qualified immunity for this claim.
So a cop shooting willy-nilly into a group of civilians without warning, is not a clearly established Constitutional violation?
So no, he grazed the boy who was believed to be holding the toy gun. But there is not enough evidence provided here to determine how well the officer could see the gun. Luckily for all involved it was not serious. Thank goodness for police,. I would never become one because of the snap decisions you have to make and the consequences you face when your decision proves in hindsight to be the wrong one.
Remember, this is the Ninth Circus Court of Getting Appealed.
“So a cop shooting willy-nilly into a group of civilians without warning, is not a clearly established Constitutional violation? “
We don’t have a constitution. We have a Kritarchy/Oligarchy.
The new corrupt American culture. Government authorities from a former FBI director named Comey on down can do anything and get off scott free without real accountability.
That is the way I read it.
So, if you want to be safe when robbing people, paint the tip of your 9mm Orange and the Cops will second guess themselves before taking any action.
The criminals are already doing that in additon to removing the orange tip from non guns so they are mistaken for real.
Apparently not in this circuit, as exemplified by the sheriff deputy who pulled over and blasted a kid carrying an airsoft rifle. The 9th also ruled that this wasn't, somehow, a violation of the constitution. Also, shockingly enough, the rural area didn't bring out the tar and feathers for the deputy... But it was DAMN close.
Gotta love the geniuses who come up with ideas like orange tipped toy guns. How did we ever survive our youth without these wonderful laws?
Gotta love the geniuses who come up with ideas like orange tipped toy guns. How did we ever survive our youth without these wonderful laws?
= = =
That was back in the days of Black and White.
Color came later.
Yup! We have a lawless judiciary, as poor Irwin Schiff found out.
I am not your typical cop basher but the story sounds like one extreme case of police abuse.
I admit I don’t live in NYC and probably toting real guns is more common for kids than playing with toy guns there although it is still a poor excuse.
Then okay even the really bad mistakes happen but that made him cuff them after shooting? An intention to make up some story for excuse or plant something on them to justify arrest is a fair assumption.
At the very least the person involved should be kicked out from forces but looking into prosecution would be a good idea too.
Imagine the surprise of the kids when they were just playing and the cops gun goes off and one of them is shot.
My old pearl handled silver cap gun would trigger a lot of people today. They should just paint them florescent purple.
Another, in a long list, of reasons why to keep as far away from police as possible. And hope and pray they don’t stumble on to you and decide you and whatever in your hand represent a threat.
I wasn’t there. And I’ll go out on a limb and say that none of you were there. Some of you might have read something more about the incident than what is posted in the link about the courts decision.
I was a Detective. I’m not a Holster Sniffer, Cop Groupie, or Badge Bunny. Nor have I become some rabid Anti-Cop Basher.
But, since all you seem to think it’s so easy, find a department near your home, do a ride-a-long but make sure you do it in the busiest/roughest beat, so you can see what it’s like, for at least 8 hrs.
Or reach out to this Anti-Cop Preacher to see how he felt after going through some training... https://www.youtube.com/watch?v=yfi3Ndh3n-g
And remember, he’s just getting shot with some colored, dish washing soap, nor does he have to worry about being prosecuted and/or sued for doing the wrong thing. That wrong thing being, taking action or, in some cases, not taking action.
Like I said, I wasn’t there. I don’t know if the cop gave lawful orders. I don’t know what he saw. Having a muzzle painted orange means absolutely nothing in this scenario, as one other poster commented about perps painting their guns.
I am not a complete stranger to a job too. Have seen it from inside in all possible roles.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.