Court: No Immunity for Officers Who Arrested Pro-Life Advocates [In Maryland]

Life Site News ^ | RICHMOND, Virginia, October 19, 2010

[GonzoII]

Tuesday October 19, 2010

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Court: No Immunity for Officers Who Arrested Pro-Life Advocates

RICHMOND, Virginia, October 19, 2010 (LifeSiteNews.com) — The U.S. Court of Appeals for the 4th Circuit Monday upheld a district court decision that denied the request of several Maryland state police officers to be immune from a lawsuit filed by attorneys representing pro-life advocates.

The officers had handcuffed and arrested the 18 pro-life advocates for sharing a peaceful pro-life message along a public street in August 2008.

Among those arrested were three young women who were later shackled, strip-searched, and detained overnight.

“Pro-life advocates shouldn’t be handcuffed and arrested for expressing their beliefs,” said Alliance Defense Fund Litigation Counsel Daniel Blomberg, who is representing the pro-lifers. “The 4th Circuit’s decision is a positive development for our clients, who deserve justice after what they endured.”

In its order, the court found that arguments that the troopers culpably enforced a violation of free speech rights protected by the First Amendment, and that the arrests constituted retaliation based on the content of speech, were sufficient to deny the troopers’ request for immunity for the time being. The U.S. District Court for the District of Maryland refused to dismiss the lawsuit in June 2009.

The court wrote that the pro-lifers’ allegations “plausibly alleged an absence of probable cause [for their arrests] and that the absence of probable cause would have been clear to a reasonable law enforcement officer.”

In August 2008, at least 12 state, county, and city police officers handcuffed the 18 pro-life advocates in Defend Life’s “Face the Truth” Pro-Life Tour. They had started their peaceful pro-life event along a public road in Harford County but relocated to the town of Bel Air after being told by officers to leave the county for not having a county permit. The officers then arrested them in Bel Air without explanation.

Once in custody, three young women among the group arrested - two of whom were teenagers - were subjected to two rounds of strip searches. Only after the strip searches and a night spent in jail were they told why they were arrested.  A week after their release, the state dropped the charges ultimately filed against them:  loitering, disorderly conduct, and failure to obey a lawful order. 

None of the participants were ever charged with any sort of permit violation.

URL: http://www.lifesitenews.com/ldn/2010/oct/10101908.html

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[Tijeras_Slim]

absence of probable cause would have been clear to a reasonable law enforcement officer

But these are Maryland State Troopers, the same paragons that Gov. Willie Don Schaefer used to intimidate opponents.

The hats? It's a Buford T. Justice thang...

[seemoAR]

Money usually buys the Sheriffs around here. We had one that actually tried to do his job. The bootleggers and dope pushers took a big hit. The local media either found or made up things to ridicule him. He didn’t get reelected. Now, they are in business big time.

[MrB]

Negative consequences have to be felt by the individual that caused them to happen, or they never learn.

[Lurker]

Outstanding decision by the Court. Now that these goons have been stripped of their taxpayer financed shields the victims of their outrageous conduct can go after their personal assets.

These 'troopers' should be stripped of every single dime including their homes, bank accounts, pensions, and the loose change in their couches.

Then it's time for an 18USC242 prosecution for willfull deprivation of Civil Rights under false color of authority. I want to see these thugs bedded down with Tyrone for the next decade or so.

That'll send a message.

[papertyger]

We need to remember than these abusers do not constitute all police officers.

The hell they aren't. The only police officers that won't use this type of tactic are the ones that aren't mad at you. Find me a single cop that won't ratchet up the charges based entirely on how much grief you give them, and I'll eat your hat.

Just remember, the primary job of a sheepdog is to keep the sheep in line, not defend them from the wolves.

[Rebelbase]

“Failure to obey a Lawful order seems to be used a lot”

So is “following to close” as a reason to pull over a car.

[Pollster1]

The only police officers that won't use this type of tactic are the ones that aren't mad at you. Find me a single cop that won't ratchet up the charges based entirely on how much grief you give them, and I'll eat your hat.

I have met several police officers who could politely be described as disappointing, but the majority are genuinely good people. One coached me through the correct responses to give after I defended myself against several attackers who were all injured in their attack on me, and I was very grateful for his help. Others have helped me or others who were in need in other situations. Few are the type to strip search young girls for prurient reasons or to punish them. You may not have met many decent police officers, but they are out there in large numbers.

[SeeSac]

The hell they aren't. The only police officers that won't use this type of tactic are the ones that aren't mad at you. Find me a single cop that won't ratchet up the charges based entirely on how much grief you give them, and I'll eat your hat.

How much grief did you give the cop that pulled you over?

[MrB]

Google search “youtube don’t talk to the police”...

Yes, they will lie to you in order to get you to incriminate yourself. This is one of the more innocuous things exposed.

[papertyger]

Don’t get me wrong. I don’t deny there are good people who happen to be in law enforcement. There are people who won’t steal a pen from work, either.

My point is the practice of law enforcement is very like the craft of journalism. Despite some good people, the current standards and practice of the profession turns its practitioners into a very specific kind of criminal. The problem with police is the average citizen has no defense or recourse against these crimes, committed under color of law, unless the offending officer happens to be so egregiously stupid as to get irrefutably caught.

Just as free speech only needs protecting when its offensive, so cops are only “good” when they are good to those they “can” get away with treating badly.

[SaraJohnson]

Geesh! I had no idea you personally knew all the police officers in the United States in such a personal way! Based on your expert advice then, I stand corrected. LOL

It is dishonest to make the claim that all police officers and all police departments are abusive of citizens. They are not. It is honest to say that the problem police officers and departments have become so numerous at this point, a nation-wide professional, administrative, legal and political action is necessary to stop the abusers.

They need to be retrained because homeland security has screwed everything up and they need to understand they will be head-chopped if they violate the rights of citizens or fail to report or punish the violation of rights.

It would be helpful if conservative police officers - especially reitred ones - who remember the integrity of the profession prior to 911 would study the problems and lead us in advocating for change. Otherwise it will be the race baiters who go after them. And in their love for criminality, mindlessness and hatred, they will get officers killed.

[papertyger]

How much grief did you give the cop that pulled you over?

None.

Have you quit abusing neighborhood children, yet?

[SeeSac]

Have you quit abusing neighborhood children, yet?

Never did. You?

[papertyger]

It is dishonest to make the claim that all police officers and all police departments are abusive of citizens.

Just as it is dishonest to imply that I made such a universally sweeping and easily refutable claim.

Nevertheless, it is completely boneheaded to miss the argument's center of gravity, and treat the exception as the rule.

[longjack]

Would you please link a source for that quote?

I'm not the poster you asked, but here's one I found on the top link of many in a google search for "face the truth pro-life tour maryland arrests".

[chesley]

Not to ive any slack to the police officers, but it seems that people are assuming that male officers gave the strip searches.

I am assuming that jail matrons did so. Am I wrong?

[WaterBoard]

Maryland Officials Drop Charges Against Pro-Life Advocates on Abortion Protest

http://www.lifenews.com/state3450.html

[DariusBane]

Yes I have watched that.

Police have institutional masters. Don’t confuse them with the local friendly protector of society. They are what they are. The institutions have been built over the last 100 years by short sighted people. They are very very powerful, and you should fear them.

[gman992]

Dude, that’s a civil right violation...the same thing happened to those guys down in Mississippi who ended up buried in the mud near the dam in ‘64.

[DariusBane]

I was born in 1969. I was unaware of that very disturbing story.

Again, I don’t see that it’s a great idea to give police such broad powers. Out of fear of crime Americans have demanded an aggressive, well funded, well equipped, highly paid, plentiful police force, blessed them with a code book so large that it can’t be fit into the back seat of a squad car and broad discretionary powers.

How is any of this a good idea?