Supreme Court Bolsters Legal Shield for Police in 2 Rulings

Officer Daniel Rivas-Villegas then straddled Mr. Cortesluna, placing his left knee on the left facet of Mr. Cortesluna’s again for what the Supreme Court docket opinion mentioned was “not more than eight seconds.” One other officer eliminated the knife and handcuffed him.

The Ninth Circuit allowed Mr. Cortesluna’s extreme power lawsuit in opposition to Mr. Rivas-Villegas to proceed, saying the officer had been on discover that placing his knee on a susceptible man’s again with sufficient power to injure him was illegal.

The Supreme Court docket disagreed. “Neither Cortesluna nor the courtroom of appeals recognized any Supreme Court docket case that addresses info like those at challenge right here,” the courtroom mentioned its unsigned opinion within the case, Rivas-Villegas v. Cortesluna, No. 20-1539. A earlier determination by the Ninth Circuit, the justices added, didn’t tackle sufficiently comparable info.

That call involved a person who was injured after the police responded to a noise grievance. In that case, the Supreme Court docket opinion mentioned, “the officer intentionally dug his knee into his again when he had no weapon and had made no risk when approached by police.”

The second determination on Monday, in City of Tahlequah v. Bond, No. 20-1668, additionally arose from a 911 name, this one in Tahlequah, Okla., reporting {that a} girl’s ex-husband was drunk in her storage and wouldn’t go away.

When three officers arrived, Dominic Rollice, the ex-husband, brandished a hammer. Officers Josh Girdner and Brandon Vick fired their weapons, killing Mr. Rollice. His property sued, and the Tenth Circuit, in Denver, let the case proceed, ruling {that a} jury might discover that the officers weren’t entitled to certified immunity as a result of earlier rulings had put them on discover about creating circumstances that would result in the capturing.

The Supreme Court docket dominated that the appeals courtroom had not recognized any earlier determination that “comes near establishing that the officers’ conduct was illegal.” | Supreme Court docket Bolsters Authorized Defend for Police in 2 Rulings


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