Federal court allows attacked Trump supporters to continue lawsuit against San Jose
The Ninth Circuit Court has ruled that a lawsuit by injured Trump supporters against San Jose and seven of its police officers can proceed.
A three-judge panel unanimously affirmed U.S. District Judge Lucy Koh of the Northern District of California’s 2017 ruling denying the city of San Jose’s efforts to dismiss the suit against seven police officers. The plaintiffs say the officers channeled them into a violent crowd on June 2, 2016, as they exited a rally for then-presidential candidate Trump at the McEnery Convention Center. Rally-goers say they were punched and pelted with eggs while nearby law enforcement officers did nothing to protect them.
“We find the officers violated clearly established rights and are not entitled to qualified immunity at this stage of the proceedings,” Senior Judge Dorothy Wright Nelson wrote for the panel, which also included Judges Andrew Kleinfeld and William Fletcher. “Being attacked by anti-Trump protesters was only a possibility when the attendees arrived at the rally,” Nelson wrote. “The officers greatly increased that risk of violence when they shepherded and directed the attendees towards the unruly mob waiting outside the Convention Center.”
The panel also declined to block the 20 plaintiffs’ claims against San Jose, which Koh allowed to stand, saying it lacked jurisdiction to consider that portion of the city’s appeal.
Unfortunately, the big fish will get off scott free.
The suit originally named San Jose Police Chief Eddie Garcia and Mayor Sam Liccardo. Liccardo was dropped as a defendant from an amended version of the suit in November 2016 and Koh’s ruling dismissed claims against Garcia.
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The Ninth Circuit Court has ruled that a lawsuit by injured Trump supporters against San Jose and seven of its police officers can proceed.
A three-judge panel unanimously affirmed U.S. District Judge Lucy Koh of the Northern District of California’s 2017 ruling denying the city of San Jose’s efforts to dismiss the suit against seven police officers. The plaintiffs say the officers channeled them into a violent crowd on June 2, 2016, as they exited a rally for then-presidential candidate Trump at the McEnery Convention Center. Rally-goers say they were punched and pelted with eggs while nearby law enforcement officers did nothing to protect them.
“We find the officers violated clearly established rights and are not entitled to qualified immunity at this stage of the proceedings,” Senior Judge Dorothy Wright Nelson wrote for the panel, which also included Judges Andrew Kleinfeld and William Fletcher. “Being attacked by anti-Trump protesters was only a possibility when the attendees arrived at the rally,” Nelson wrote. “The officers greatly increased that risk of violence when they shepherded and directed the attendees towards the unruly mob waiting outside the Convention Center.”
The panel also declined to block the 20 plaintiffs’ claims against San Jose, which Koh allowed to stand, saying it lacked jurisdiction to consider that portion of the city’s appeal.
Unfortunately, the big fish will get off scott free.
The suit originally named San Jose Police Chief Eddie Garcia and Mayor Sam Liccardo. Liccardo was dropped as a defendant from an amended version of the suit in November 2016 and Koh’s ruling dismissed claims against Garcia.
Readers!
Every February I run a fund-raising drive during my birthday month. This year I celebrate my 72nd birthday, and hope and plan to continue writing and posting on Behind the Black for as long as I am able.
I hope my readers will support this effort. As I did in my November fund-raising drive, I am offering autographed copies of my books for large donations. Donate $250 and you can have a choice of the hardback of either Genesis: the Story of Apollo 8 or Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space. Donate $200 and you can get an autographed paperback copy of either.
Please consider supporting my work here at Behind the Black. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Every one of those 2020 conclusions has turned out right.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
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You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
The plaintiffs say the officers channeled them into a violent crowd
This has happened in Berkeley, Seattle, Portland, Charlottesville, and many other cities.
The other week in Portland, Patriot Prayer got a permit to march. Democrats didn’t have a permit and showed up to stop the march through violence and that is exactly what happened because the cops wouldn’t keep the Democrats away from people exercising their first amendment rights. Then they say whoever the Democrats are trying to shut down are the violent ones.
Charlottesville is probably the best example of these twin tactics used by Democrats to make people walk a gauntlet to an event and then force them out into a mob of Democrats when violence happens and the event gets shut down. That the event in Charlottesville were mostly white nationalists isn’t a good excuse because as we see at any non-Democrat event, Democrats turn out to do violence because they think every non-Democrat is a NAZI. A lady died at this event and even though she was a socialist who came to support the use of violence to stop people from assembling, the Democrats in charge of the city and state should never have let their militant activists engage in this behavior.
The simple fact of the matter is that there would be no violence if Democrats didn’t turn out to use violence as a deliberate strategy. When there are no Democrats at these events, there is no violence. BUT! Also look at how Democrats act when they hold their own events and there are no counter protesters, they will often still engage in violence against bystanders, civilians trying to go about their business, property, and law enforcement.
The DNC media always covers for this violence by justifying it when they actually bother to report on it.
the big fish comment is right on …. the police in these west coast cities are handcuffed by the city government
Obama was/is a community organizer! His ties to Bill Ayers is undisputed.
People are ignoring the race angle of the riots–also the severity. It was clearly a race riot and it wasn’t merely thrown eggs. San Jose is now about 40% Latino. Latino youths were throwing bottles. Blood was shed. Not everyone injured wanted to sue the city or the police. (It’s a Republican thing, I suppose.) Many more–mostly whites–were assaulted than the list of plaintiffs.
There is a PDF of the original suit at:
http://pdfserver.amlaw.com/ca/trump.sanjose.pdf