Posted on 06/20/2019 9:23:10 AM PDT by stan_sipple
The Eighth Circuit Court of Appeals sided with the argument put forth by the National Police Association in the amicus brief it filed on behalf of the City of Ferguson, Missouri; former Ferguson Police Chief Thomas Jackson, and former Ferguson Police Officer Darren Wilson, supporting their motion to dismiss in the case of Johnson v. City of Ferguson, et al.
The issue was whether the plaintiff, Dorian Johnson was seized at the time that Officer Wilson had only ordered him to get off the street, and whether the qualified immunity rule applied to Officer Wilson. The brief argued Plaintiff Johnson was not seized by Officer Wilson, that the qualified immunity rule should apply and that the lawsuit should be dismissed.
On August 9, 2014, in Ferguson, Missouri, Michael Brown and the plaintiff in this lawsuit, Dorian Johnson were observed by Officer Wilson to be walking in the roadway. Defendant Darren Wilson testified he ordered them to move to the sidewalk. After Brown and Johnson refused to comply, they approached Wilson with Brown attacking Officer Wilson in his police vehicle. A fight commenced over control of Wilsons handgun. Brown and Johnson then fled, with Wilson in pursuit. Brown turned to attack Wilson again and was fatally shot by Wilson.
Violent protests followed the encounter. Repeating false claims that Brown had surrendered before he was shot, protesters chanted, Hands up, dont shoot. Protests, vandalism and looting, continued for over a week in Ferguson.
In the aftermath of these events an erroneous narrative of police misconduct has produced what is now known as the Ferguson Effect. The Ferguson Effect has become so prevalent as to embolden suspects to refuse to comply with police commands, instigate violence against officers and bring civil actions against police who are guilty of nothing more than doing their job. The result of the Ferguson Effect has been a reduction in proactive law enforcement by agencies across the country and corresponding increases in violent crime.
On March 4, 2015, the U.S. Department of Justice reported the conclusion of its own investigation. It found forensic evidence supported Officer Darren Wilsons testimony and that of the witnesses who corroborated Officer Wilsons account.
Despite the findings of the U.S. Department of Justice, on April 29, 2015, Johnson filed this lawsuit seeking money damages against the defendants claiming he had been seized unlawfully by Wilson. The lower court denied the defendants motion to dismiss. An appeal to the 8th Circuit followed.
The Fourth Amendment issues and consequences to individual law enforcement officers in this case were of the utmost importance importance not only to those who dedicate their careers and place their lives in harms way to protect their fellow citizens but to those citizens and their communities. It is the responsibility of the National Police Association to raise these issues and by doing so serve the interests of those who serve us all so selflessly. The National Police Association is grateful the Eighth Circuit Court of Appeals reversed the lower courts refusal to dismiss.
The National Police Association was represented by Kent S. Scheideger of the Criminal Justice Legal Foundation. The case is 16-1697 Dorian Johnson v. City of Ferguson, et al in the United States Court of Appeals for the 8th Circuit.
The ruling can be found here
The Amicus Brief filed by the National Police Association can be found here
The “Gentle Giant”...dint doo nuffin...
Lol, but the gentle giant was turning his life around! Lol.
TIME FOR A HISTORY LESSON
The leadership of the so called political opposition (Republican) will wonder why as they lose a crucial election because of their inability to stand on principles. When Presidential actions should have been denounced and the police defended. The only person to courageously do so was Milwaukee County Sheriff David Clarke and has because he is black received the “Uncle Tom” treatment
Clarke decried Obama’s abuse of the “Bully Pulpit” to create racial division which wound up using other similar incidents such as Ferguson MO and NYC.. Where Obama supported by the media would defend the attacker resisting arrest killed in the struggle over a law officers gun. Alleging the attacker was an “unarmed victim” of police brutality because he was black. Subsequently. There were continuous attacks on police ending up in a score of deaths.It Began when Obama used a non descript incident known as The Zimmerman trial and encouraged racial division through his twice use of the “Bully Pulpit”
. Obama defended the black attacker who was killed (a 17 year old 5’11 175 pound Trayvon Martin) by a 40 something year old 5’6” black Hispanic (Jorge Zimmerman) working security in an integrated housing complex that was attacked by Martin knocking Zimmerman to the ground and the black youth was killed in a struggle over Zimmerman’s gun.
The media portayed the incident as Martin was an innocent black youth murdered in cold blood because he was black and the guard as a white hispanic guarding an exclusive white “gated”community .
Obama used the incident to declare racial division by using the “Bully Pulpit” declaring Martin was a victim of whites who could have been; First; “his son”, then; Obama himself.
When that inflammatory defense was picked by black gangs It also wound up and was used as an excuse to commit a score of racial assaults ending in deaths and serious injuries.
All the while this was happening in various areas of the country Such as the murder of an Australian visitor from Melbourne Christopher Lane killed while exercising on a Duncan Oklahoma street by members of the black gang known as the Crypts.
Such assaults were described by the press as “black youths with nothing better to do” Although there were some gang members who admitted their assaults were “for Trayvon” but met by stony silence from the democrats or denial from MSM because initially it was dismissed as a Obama miss-speak. As if he didn’t rely on a teleprompter for carefully prepared text checked out by advisers giving him the facts.
Shamefully members of the opposition so called Republicans chose not to condemn this but convenient to ignore. Thus demonstrate they are politically dysfunctional. Unwilling to work with or even recognize legitimate concerns from what they call the tea party who in reality are the Reagan voters of 2016 and unable to congeal into a unified working political unit. They did not learn from 2012,2014 and some continue to blow off 2016. This is posted in my website
http://www.theusmat.com/undex.htm
Brown, Brown, Michael Brown...
Baddest man in the whole damn town....
Bigger than old King Kong....
Meaner than a junkyard dog.....!
Oooops link correction that’s; http://www.theusmat.com/index.htm sorry about that.
Who’s paying the lawyers for these lawsuits?
Oooops link correction that’s; http://www.theusmat.com/index.htm sorry about that.
A good man had his life destroyed by the lynch mob.
> Whos paying the lawyers for these lawsuits? <
The lawyers are probably taking them on a contingency basis. They get nothing if they lose, 30 to 40% of the judgement if they win. That’s often a risk worth taking.
Since the shyster lawyer lost the en banc ruling, count on a soros funded group to file for cert with the supremes
Officer Darren Wilson was crucified for doing his job.
A good man had his life destroyed by the lynch mob.
I sometime wonder what happened to Officer Wilson....damn feral savages are STILL being encouraged to disrespect the police and getting away with it.
Such is the fate of ‘The Jolly..Ho Ho Ho...Teen Giant’.
Damn right the officer had every right to shoot.
You ruined it. Jim Croce has always been one of my favorites.
By the way, it starts out, Bad, bad, Leroy Brown
So let me get this straight. The little lying prick that made up a story that got the city burned to the ground for no reason was the one SUING the cops!!!
We cannot allow this false epithet “Gentle Giant” to continue. Yes, it is still repeated and believed in by scum in this country. Like their killer OJ being somehow innocent. And “hands up don’t shoot” which is a total lie.
We must remember these people. (those who keep these lies going).
They have deliberately done harm.
A good officer had to live in fear, give up his home area and be under attack and then live a secret life elsewhere. After almost being killed by a guilty thug. Unfair.
Good one.
May I be permitted to tell the joke:
Did you hear Santa Claus got in trouble last Christmas? He said Ho Ho Ho just as three women happened to walk past him.
No? Then I won't tell it.
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.