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Ninth Circuit: LAPD Officer Entitled to Qualified Immunity in Shooting
Metropolitan News-Enterprise ^ | August 22, 2019 | MetNews Staff Writer

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 ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: 9thcircus; california; police; qualifiedimmunity
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To: NorseViking

That’s fine. And if you’ve seen it from the inside, in all possible roles, unless you know more about the circumstances, how can you say it was police abuse?

At this point in my life, I try to be as objective as possible and have no problem calling out cops doing stupid sh*t. But, I wasn’t there. Maybe you were. If that cop rolled up and gave some commands and the kid didn’t drop the “weapon”, the cop acted appropriately.

Again, I give the guy benefit of the doubt, until I know more.


21 posted on 09/01/2019 12:32:41 AM PDT by qaz123
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To: qaz123

He shot them without giving a warning first.


22 posted on 09/01/2019 3:59:50 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: grey_whiskers

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.


23 posted on 09/01/2019 4:27:38 AM PDT by raybbr (The left is a poison on society. There is no antidote. Running its course will be painful. You)
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To: qaz123

“But, since all you seem to think it’s so easy”

What are you talking about?


24 posted on 09/01/2019 5:54:47 AM PDT by dljordan
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To: Kickass Conservative
I know😂
25 posted on 09/01/2019 6:35:03 AM PDT by Eagles6
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To: dljordan

Everyone is quick to jump on the cop in this case, so it seems. Were any of you there? If so, please let FR know exactly how it went down. I’m not saying that what the cop did was 100% right. But he rolled up on something, saw a gun and fired. Folks that have never done that job or been in that situation feel like saying that he should be prosecuted, etc...that’s fine?

Go do some force on force training, where you actually have to make a decision. I’m not talking about doing SIM training where you know there is an OpFor, where you actually have to make a split second decision.


26 posted on 09/01/2019 7:02:53 AM PDT by qaz123
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To: qaz123

I was talking about the current state of the constitution under the reign of the judges not the police officer.


27 posted on 09/01/2019 7:07:44 AM PDT by dljordan
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To: dljordan

Then I misunderstood your comment and stand corrected.


28 posted on 09/01/2019 7:19:22 AM PDT by qaz123
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To: CJ Wolf

When I was a Kid I had a Toy M1 Carbine that looked very real from ten feet away. I also had a Toy German Luger made of metal, not plastic that was very real looking.

The question is, what has changed since then that has the Police so nervous and reactionary to things like this?

The simple answer (IMHO of course), is that Society has devolved and there is no respect for Authority, especially from young people.

Remember the old saying, respect your Elders? That has gone the way of the DoDo Bird and sane Democrats.

I remember full well my Father telling me what to say and do when I received my Driver’s License if I was ever pulled over by the Police. Hands on the Wheel, Yes Sir, No Sir and always being respectful.


29 posted on 09/01/2019 7:22:40 AM PDT by Kickass Conservative (Democracy, two Wolves and one Sheep deciding what's for Dinner.)
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To: Kickass Conservative
when I received my Driver’s License if I was ever pulled over by the Police. Hands on the Wheel, Yes Sir, No Sir and always being respectful.

Works for me every time. But then I live in an area where the general public supports LEOs, and vice-versa.

30 posted on 09/01/2019 7:41:27 AM PDT by Fightin Whitey
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To: grey_whiskers
IF WE DON’T PROTECT THOSE WHO PROTECT US WITH THEIR LIVES, WE GRANT POWER TO EVIL.
31 posted on 09/01/2019 7:55:05 AM PDT by Yaelle
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To: grey_whiskers

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.


32 posted on 09/01/2019 8:10:56 AM PDT by Wuli
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