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War vet sues for unprovoked attack by federal police
World Net Daily ^ | 2/6/2021 | Bob Unruh

Posted on 02/07/2021 8:55:47 AM PST by RideForever

A lawsuit by a 70-year-old veteran who was targeted in an unprovoked attack by federal police while he was trying to go through security at a Veterans Administration hospital is being appealed to the U.S. Supreme Court. That's after a ruling by the 5th Circuit Court of Appeals that the officers "may act with impunity and not be held accountable for their actions, no matter how unconstitutional." A video shows an officer confronting José Oliva and directing him through a screening machine and a second officer attacking as a chokehold was applied. Eventually, three officers were in on the physical confrontation that left Oliva with injuries requiring surgery. The officers initially filed a charge against Oliva but it was dismissed. "I feared for my life," he said in a statement released by the Institute for Justice, which is handling his legal battle. "I survived the bloodiest year in Vietnam, and here I was fearing for my life as these officers beat and choked me in a VA hospital in my own hometown. It was three against one, and they had guns. I knew better than to resist." Oliva served nearly three decades in law enforcement after his return from Vietnam. It happened in February 2016 when federal police working as security at an El Paso VA hospital assaulted him as he was entering for a dentist appointment. As a result of the assault, José suffered an injured shoulder and neck, each of which required surgery, along with a ruptured ear drum. The officers then charged José with disorderly conduct. According to the institute: "When José sued the officers, a predictable thing happened. The officers invoked qualified immunity—a controversial doctrine that the Supreme Court invented in 1982 to protect government workers from being sued for unconstitutional conduct.

(Excerpt) Read more at wnd.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: police; texas; va
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This needs to be corrected to remove a vital tool from Gropin Joe and Kamalatoes. As it stands now any contact from a Federal officer with the public puts a Conservative at risk.
1 posted on 02/07/2021 8:55:47 AM PST by RideForever
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To: RideForever

Did the officers offer a reason for why they attacked him?


2 posted on 02/07/2021 9:00:20 AM PST by circlecity
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To: RideForever

5th Circuit Court of Appeals that the officers “may act with impunity and not be held accountable for their actions, no matter how unconstitutional.”
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

That IS the VERY definition of tyranny.


3 posted on 02/07/2021 9:00:24 AM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
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To: RideForever

“ 5th Circuit Court of Appeals that the officers “may act with impunity and not be held accountable for their actions, no matter how unconstitutional.”

18USC242 begs to differ.

L


4 posted on 02/07/2021 9:02:02 AM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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To: circlecity
Did the officers offer a reason for why they attacked him?

Answered in the article at the link. WND only allows excerpts. But yes, officers came up with a 'charge' that was later dropped.

5 posted on 02/07/2021 9:04:31 AM PST by RideForever (We are born to be tested ...)
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To: RideForever

It’s kind of a side point, but now there are police officers everywhere. I went to a (non-VA) hospital about a week ago, and there were four hospital police officers the front door. I’m not talking about security guys. I’m talking about armed, uniformed men wearing “Hospital Police” vests. I couldn’t believe it.

I suppose that eventually half this people in this country will be police officers. And their job will be to watch (and sometimes hassle) the other half.


6 posted on 02/07/2021 9:05:24 AM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Leaning Right

Have you seen a “Police Police” vest yet?


7 posted on 02/07/2021 9:06:51 AM PST by Scrambler Bob (This is not /s. It is just as viable as any MSM 'information', maybe more so!)
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To: circlecity
From the article:

The petition explains Oliva approached the security checkpoint and placed his belongings in an inspection bin. Nivar then demanded Oliva's identification, and Oliva explained it was in the bin.

"Nivar, inexplicably agitated, came around the security checkpoint and approached Oliva with handcuffs drawn. Nivar then instructed Oliva to walk through the metal detector, at which point Barahona grabbed Olive and Nivar put him in a chokehold. Before slamming Oliva to the ground, the officers wrenched his arm behind his back so violently that it made 'a loud popping sound.'"

The officers claimed Oliva tried to enter the hospital without clearing security "because he failed to show identification."

8 posted on 02/07/2021 9:08:50 AM PST by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: circlecity

They did it because they could. They are the Police.


9 posted on 02/07/2021 9:11:05 AM PST by sport
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To: RideForever

Thank God he was wasnt White otherwise this would have no chance of going anywhere.


10 posted on 02/07/2021 9:14:00 AM PST by Husker24
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To: Scrambler Bob
Have you seen a “Police Police” vest yet?

--------------------- Nice idea for a civilian tool, but it would be illegal.

11 posted on 02/07/2021 9:16:10 AM PST by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: RideForever

Got $ to prop up the GOP? Consider sending it to this victim of tyranny instead. He needs a good attorney.
Now if the shoe were on the other foot, the attackers would be doxxed for starters. Then stuff would get real.
But we are “better than that.”


12 posted on 02/07/2021 9:17:25 AM PST by Buttons12 ( )
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To: Scrambler Bob

The fake SWAT team at the Ashley Babbit “shooting” in the Capitol.... were actors— they were not police, but they had actor’s wardrobe fake swat BDUs etc. Fake police, just like the dudes who ride around with a magnetic cop light and fake id. Criminals, IOW.


13 posted on 02/07/2021 9:37:27 AM PST by John S Mosby (Sic Semper Tyrannis)
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To: RideForever

Fed LEO have been acting with impunity for at least 25 years. It s only getting worse.


14 posted on 02/07/2021 9:39:18 AM PST by PGR88
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To: sport

Had the veteran respected the police, they would not have jumped him.


15 posted on 02/07/2021 9:39:30 AM PST by The_Media_never_lie (I do not regret my decision to cut all ties with Fox News. )
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To: RideForever

All these armed officers have caused the regular VA employees to become quite arrogant. They think they can treat Veterans poorly and get away with it. If you even raise your voice, you could have the VA police on you.

VA employees have so much protection, that they feel they can get away with anything. Not only do they have armed enforcement, they can only be sued using their lawyers.

This judicial protection might be OK for the medical people in the VA, but it also extends to the administrative people. They are low level clerks who treat Veterans like dirt.

The VA has had their budget greatly increased the last few years. To what end?

The VA exists to provide easy jobs to Democrat voters. It does not exist to help the Veteran.


16 posted on 02/07/2021 9:42:03 AM PST by blueunicorn6 ("A crack shot and a good dancer”)
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To: The_Media_never_lie

I have not seen or heard the disrespect, yet.

But should disrespecting the police deserve a injury-producing beat down?

Should we all be scared of the police, and not disrespect?


17 posted on 02/07/2021 9:43:27 AM PST by Scrambler Bob (This is not /s. It is just as viable as any MSM 'information', maybe more so!)
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To: The_Media_never_lie
Had the veteran respected the police, they would not have jumped him.

Spoken like a typical FR lying troll who didn't bother to read the article first.

18 posted on 02/07/2021 9:52:44 AM PST by RideForever (We are born to be tested ...)
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To: Husker24

The guy is also lucky he didn’t have a service dog with him. All dogs are deadly threats to the police, and must be immediately neutralized, dontchaknow?


19 posted on 02/07/2021 9:55:39 AM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: sport

But at least they went home safely.


20 posted on 02/07/2021 10:13:45 AM PST by gunnut
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