Supreme Court broadens standard for unreasonable force claims against police

[EvilEyeFleegle]

Good ruling. It broadens the scope of what courts can take into account when evaluating police shootings.
I note the 9-0 ruling--a slam-dunk.

https://thehill.com/regulation/court-battles/5301842-supreme-court-rules-on-police-force/

The Supreme Court on Thursday made it easier to bring unreasonable force claims against police, ruling unanimously that courts should examine the circumstances beyond the split seconds when an officer fears for their safety in deciding whether they can be tried for unreasonable force.
The case stemmed from a 2016 traffic stop in Texas.
Ashtian Barnes, 24, was killed during the routine stop. He had been driving his girlfriend’s rental car, which had outstanding toll violations, when stopped by officer Roberto Felix Jr.

After Barnes was asked to present his license and insurance, the car started moving forward. Felix jumped onto the vehicle’s doorsill and shot inside, striking Barnes twice and killing him.

The exchange turned deadly in seconds. The justices were asked to weigh whether courts should examine everything that happened during the traffic stop or just the moment when Felix feared for his safety when evaluating an excessive force claim.

In a 9-0 decision, they said the so-called “moment of the threat” doctrine should not be applied in such cases, instead directing courts to review the “totality of the circumstances.”

“To assess whether an officer acted reasonably in using force, a court must consider all the relevant circumstances, including facts and events leading up to the climactic moment,” Justice Elena Kaganwrote in the majority

 

[struth]

Good ruling. It broadens the scope of chat courts can take into account when evaluating police shootings.
I note the 9-0 ruling--a slam-dunk.

https://thehill.com/regulation/court-battles/5301842-supreme-court-rules-on-police-force/

The Supreme Court on Thursday made it easier to bring unreasonable force claims against police, ruling unanimously that courts should examine the circumstances beyond the split seconds when an officer fears for their safety in deciding whether they can be tried for unreasonable force.
The case stemmed from a 2016 traffic stop in Texas.
Ashtian Barnes, 24, was killed during the routine stop. He had been driving his girlfriend’s rental car, which had outstanding toll violations, when stopped by officer Roberto Felix Jr.

After Barnes was asked to present his license and insurance, the car started moving forward. Felix jumped onto the vehicle’s doorsill and shot inside, striking Barnes twice and killing him.

The exchange turned deadly in seconds. The justices were asked to weigh whether courts should examine everything that happened during the traffic stop or just the moment when Felix feared for his safety when evaluating an excessive force claim.

In a 9-0 decision, they said the so-called “moment of the threat” doctrine should not be applied in such cases, instead directing courts to review the “totality of the circumstances.”

“To assess whether an officer acted reasonably in using force, a court must consider all the relevant circumstances, including facts and events leading up to the climactic moment,” Justice Elena Kaganwrote in the majority

Big win for Americans

 

[wamose]

I don't trust courts to get the meaning of those encounters right. It's going to be a different verdict from every different judge. Our judicial is getting to be pretty much bullshit.

 

[toobfreak]

Good ruling.

Wrong again. It might have started out as or was intended for a good reason, but in the end, all it will accomplish is its exact opposite as that intended because all it will do is drive out more of the good cops who don't need to put up with the crap and leave fewer kids out there wanting to police in what will become an even more hostile and pressurized work environment and those remaining becoming a worse breed of individual, resulting in a more disgruntled, lower quality police force overall in the end less willing to put themselves out there when needed, and yet more crime in society on the rest of us as a result because already, people are committing very serious crimes out there and they are getting away with it.

So, bad ruling.

 

[pknopp]

Seems the court did more than one thing today. They ruled 9-0 that what happens in the entirety can be considered and not just the brief moment of force.

Supreme Court rules 9-0 to broaden the standard for suing police over unreasonable force

 

[deannalw]

Seems the court did more than one thing today. They ruled 9-0 that what happens in the entirety can be considered and not just the brief moment of force.

Supreme Court rules 9-0 to broaden the standard for suing police over unreasonable force

I definitely don't want bad cops on our streets- nor do I think expecting them to croon a lullaby at criminals is reasonable.

 

[deannalw]

Sorry Mike again!

I meant to post that in the Springsteen thread.

I'm goofy.

 

[MarathonMike]

Super. Now we'll have more officers leaving the force and retiring and less people wanting to become police officers because some people act like fucking lunatics when they get stopped by a Cop.

 

[shockedcanadian]

Seems the court did more than one thing today. They ruled 9-0 that what happens in the entirety can be considered and not just the brief moment of force.

Supreme Court rules 9-0 to broaden the standard for suing police over unreasonable force

If Americans become like Canada you are finished. This is an important ruling. We are men from G-d, we aren't living among overlords.

 

[g5000]

In April 2016, Ashtian Barnes, a black man, rented a car in Houston, TX. That car was in the law enforcement system for toll violations. Barnes had no idea.

Officer Roberto Felix was notified the car was in violation and pulled Barnes over.

For whatever reason, the cop ordered Barnes to get out of the vehicle. Barnes instead tried to drive away.

So Felix jumped on the doorsill and shot and killed Barnes.

From the time Barnes put the vehicle in motion to when Felix shot him was two seconds.

It was this two seconds which lower courts felt was the deciding factor in the justification of deadly force.

However, the Supreme Court has decided the courts need to look at the totality of the incident, and have kicked the case back down.

No one deserves to die over a toll violation. And the cop wasn't in any danger until he jumped on the car.

Supreme Court rules totality of circumstances must be considered in police shootings​

​

 

[excalibur]

Seems the court did more than one thing today. They ruled 9-0 that what happens in the entirety can be considered and not just the brief moment of force.

Supreme Court rules 9-0 to broaden the standard for suing police over unreasonable force

Felix can still use the qualified immunity defense as the Barnes lawsuit continues. It protects police if it wasn't clearly established their actions were unlawful at the time of the use of force.​

Supreme Court rules 9-0 to broaden the standard for suing police over unreasonable force

In a case making it easier to challenge police unreasonable force in court, the Supreme Court Thursday unanimously allowed the mother of a Houston man killed in a traffic stop to continue an excessive force court claim.

www.yahoo.com

 

[MarathonMike]

He had his foot on the accelerator and he saw the Cop hanging on his car. At that INSTANT he knew he could kill that officer. But hey another "victory" for anti-Cop douche bags. Yay

 

[EvilEyeFleegle]

Wrong again. It might have started out as or was intended for a good reason, but in the end, all it will accomplish is its exact opposite as that intended because all it will do is drive out more of the good cops who don't need to put up with the crap and leave fewer kids out there wanting to police in what will become an even more hostile and pressurized work environment and those remaining becoming a worse breed of individual, resulting in a more disgruntled, lower quality police force overall in the end less willing to put themselves out there when needed, and yet more crime in society on the rest of us as a result because already, people are committing very serious crimes out there and they are getting away with it.

So, bad ruling.



View attachment 1111710

..Or...it will weed out the bad cops..the cowboys who shoot first and then rely on their limited immunity to shield them from their poor decision making.

I get that many, if not most police feel that it's better to be tried by 12 then buried by six--but that's an attitude that has to change.

Getting tried by 12..and losing time after time...is the solution.

Deadly force should be used when one's life is in danger..not when one THINKS one's life is in danger~

 

[g5000]

The same people who succumb to histrionics over an insurgent Ashli Babbitt will support the execution of the black guy, even though they coincidentally have the same initials.

 

[g5000]

Two Disagree tags on the OP already!

Apparently some tards think they are smarter than 9 Supreme Court justices, including all the ones appointed by Il Duce.

Dunning–Kruger effect - Wikipedia

en.wikipedia.org

 

[toobfreak]

..Or...it will weed out the bad cops..

Nope. You deal in theory.

In reality, the law is just substituting intelligently policing the police department to go after the obviously bad seeds with blanket autocratic authority instead which seized will be perennially abused wherever they can in order to effect their own personally driven internal social ambitions and designs which will just make good cops retire sooner, bad cops act worse, and all policing just more difficult to do causing cops to simply care and work less hard for the public.

 

[wamose]

In April 2016, Ashtian Barnes, a black man, rented a car in Houston, TX. That car was in the law enforcement system for toll violations. Barnes had no idea.

Officer Roberto Felix was notified the car was in violation and pulled Barnes over.

For whatever reason, the cop ordered Barnes to get out of the vehicle. Barnes instead tried to drive away.

So Felix jumped on the doorsill and shot and killed Barnes.

From the time Barnes put the vehicle in motion to when Felix shot him was two seconds.

It was this two seconds which lower courts felt was the deciding factor in the justification of deadly force.

However, the Supreme Court has decided the courts need to look at the totality of the incident, and have kicked the case back down.

No one deserves to die over a toll violation. And the cop wasn't in any danger until he jumped on the car.

Supreme Court rules totality of circumstances must be considered in police shootings​

​

Does the totality of facts include that it only takes one second to grab a gun and kill a cop. That's the reality every cop lives with when they have a confrontation.

 

[the watcher]

Super. Now we'll have more officers leaving the force and retiring and less people wanting to become police officers because some people act like fucking lunatics when they get stopped by a Cop.

How will that impact the public's 'incite the poleece, act out, record it all on yo' phone, and maybe get a big payout' policy will be determined.

 

[the watcher]

In a 9-0 decision, they said the so-called “moment of the threat” doctrine should not be applied in such cases, instead directing courts to review the “totality of the circumstances.”

It may give judges some discretion in admitting evidence and witness testimony like in the George Floyd debacle, if the judge is so inclined, as well as the defense. If the judge is an activist, it could make things worse.

 

[frigidweirdo]

Super. Now we'll have more officers leaving the force and retiring and less people wanting to become police officers because some people act like fucking lunatics when they get stopped by a Cop.

Maybe if the country actually changed so the job wasn't such a deadly job and people didn't have to live around violence.