Federal court allows attacked Trump supporters to continue lawsuit against San Jose


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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.

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5 comments

  • wodun

    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.

  • RE

    the big fish comment is right on …. the police in these west coast cities are handcuffed by the city government

  • Phill O

    Obama was/is a community organizer! His ties to Bill Ayers is undisputed.

  • Noah Peal

    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.

  • wayne

    There is a PDF of the original suit at:

    http://pdfserver.amlaw.com/ca/trump.sanjose.pdf

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