Supreme Court upholds Louisiana officer's right to sue BLM activist for injuries during riot
In this July 9, 2016, file photo, Baton Rouge police officers arrest DeRay Mckesson during a protest after the deadly shooting of Alton Sterling by two white police officers.
WASHINGTON D.C. - In a pivotal decision that could significantly impact
the landscape of protests and activism in the United States, the Supreme Court
has chosen not to intervene in a lawsuit filed by a Louisiana police
officer against Black Lives Matter activist DeRay Mckesson.
This decision marks a crucial moment in the ongoing debate surrounding
the limits of free speech and the accountability of protest organizers.
At the heart of the case lies a protest-turned-riot organized by
Mckesson in Baton Rouge in 2016, following the police killing of Alton
Sterling. During the demonstration, the officer, identified only as
"John Doe," was struck in the head by a thrown object, resulting in
serious injuries.
The officer's lawsuit alleges that Mckesson's actions in organizing the
protest created a dangerous environment, making him liable for the
officer's injuries.
While Mckesson's legal team, represented by the American Civil Liberties
Union (ACLU), contends that his actions are protected under the First
Amendment, the Supreme Court's decision not to hear his appeal upholds a ruling by the Fifth Circuit Court of Appeals.
This ruling determined that the officer's lawsuit could proceed, as he
had presented plausible allegations that Mckesson had directed his own
tortious activity by organizing the protest in a manner that endangered
public safety.
This decision comes amidst a backdrop of heightened tensions surrounding protests and demonstrations across the country.
According to data from the Armed Conflict Location & Event Data
Project (ACLED), there were over 10,600 protests in the United States in
2020, covering a range of issues including anti-police rhetoric and
racial justice.
In recent years, there has been growing concern among law enforcement
agencies and policymakers about the potential for protests to escalate
into violence.
Critics argue that protest organizers have a responsibility to ensure
that demonstrations remain peaceful and orderly, and that failure to do
so should result in legal consequences. The Supreme Court's decision not
to intervene in the lawsuit against Mckesson sends a clear message
about the importance of accountability in the realm of protest
organizing.
By allowing the officer's lawsuit to proceed, the court affirms the
principle that individuals who incite or contribute to violence during
protests can be held responsible for the consequences of their actions.
Moving forward, the Supreme Court's decision is likely to have
significant implications for activists and organizers across the
country. It serves as a reminder of the importance of exercising free
speech rights responsibly and ethically, and of the potential
consequences of failing to do so.
The Supreme Court's decision not to intervene
in the lawsuit against DeRay Mckesson reaffirms the principle that
individuals who organize protests can be held accountable for the
actions that occur during those demonstrations.
GREAT. Maybe somebody can successfully sue the asshole road blockers too.
ReplyDeleteNow let's go after Soros and others who finance these protests where police officers are injured. (USA)
ReplyDeleteWell I agree with this until I remember cops do shit to people and are given qualified immunity so unless that goes away I don't think this is a good ruling.
ReplyDeleteQualified Immunity helped me sleep better at night. (USA)
ReplyDeleteA police force can not function without qualified immunity. There is always the possibility of making an honest error that gets somebody seriously injured or killed. They tried to do this in CA recently. The proposal would have absolutely forbidden cops to use deadly force unless it was determined to be absolutely necessary. It didn't fly because the idiots pushing it KNEW it would shut down the police forces. (i.e. cop responds to a call of a robbery and shooting. suspect is a black male dressed in dark clothing with a handgun fleeing the scene. Cop sees a person who fits the description. Bails out and announces himself and orders the suspect to drop his gun. He doesn't but instead turns to face the cop holding his gat. Cop shoots him. turns out to be a good guy who was pursuing the bad guy. That is unfortunate and tragic but it happens every now and again. Should that cop go to prison? I don't think so.)
ReplyDeleteI agree in the scenario you used but the cops in Houston that lied to a judge and murdered a family (and dog) still haven't gone to trial years later. In this scenario the cop should get the death penalty.
DeleteGary, the case you are talking about stinks. The reason the cops have not been tried is because D.A. Kim Ogg's office has fucked up by letting the case slide. Qualified immunity has absolutely nothing to do with it.
ReplyDeleteI want those former Houston cops tried. I'm sure a jury will convict them and sentence them to a long term in prison where they belong.
Gary, there are more than 800,000 law enforcement officers in the U.S. As in any population, there are bound to be some bad cops ... and they are the ones that get the media coverage. In reality, the bad cops constitute a very small percentage of cops ... cops who, by the way, will risk their lives to save your ass.
BGB, tell that last part to the parents in Uvalde.
DeleteNow cops in Florida murdered an Air Force serviceman, guess the cop splainers will try and tell me it was legally justified and the cops only need to be retrained. My opinion is they all should get life in prison, the "we had the wrong address" excuse doesn't fly after all the previous examples of cops killing people because they were at the wrong address.
ReplyDelete