[grey_whiskers]

Basically, a bunch of teenagers; one was holding a toy gun with an orange tip. A policeman saw it, fired without warning, and missed the teen with the toy gun, and hit another one.

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?

[Robert DeLong]

Officer Miguel Gutierrez fired his weapon, grazing the back of Jamar Nicholson Green, who was the boy believed to be holding a weapon.

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.

[Widget Jr]

Remember, this is the Ninth Circus Court of Getting Appealed.

[dljordan]

“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.

[apoliticalone]

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.

[sport]

That is the way I read it.

[Kickass Conservative]

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.

[kingu]

So a cop shooting willy-nilly into a group of civilians without warning, is not a clearly established Constitutional violation?

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.

[NorseViking]

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.

[magooey]

I would interpret this as meaning the US government does not have, or need, a political base in its population. It is just fine to have a political base in its police, portions of the legal profession and military, and the msm to run interference for the lot.

[walkingdead]

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.

[the_daug]

A civil suit. The rules of evidence are different than criminal court. I believe the police union will pull out all the stops so the police officer keeps his immunity. Hancuffing the teenagers was done to prevent collaboration of a story to see if their stories match.

[raybbr]

It sounds more like the 9th isn’t concerned with the rights of of people. It’s seems like they are giving license to cops to shoot at will probably to further create chaos and n encourage anarchy.

[Yaelle]

IF WE DON’T PROTECT THOSE WHO PROTECT US WITH THEIR LIVES, WE GRANT POWER TO EVIL.

[Wuli]

What ever happened to “drop the gun or I’ll shoot”? And at what point did the boy holding the gun point it at the officer?

Yes, I understand well the violent environment many city cops operate in, but their training should make them able to discern the different contexts of different situations, and not too often shoot first and ask questions later.