9th Circuit allows suit against San Jose for failing to protect Trump demonstrators from liberal fascists mob
Thomas Lifson:
Normally, suing police for failing to prevent crime is not allowed by courts. But a three-judge panel of the Ninth Circuit Court of Appeals has just allowed a lawsuit against the City of San Jose and its police department to proceed, despite this general presumption (called "qualified immunity") that police cannot be held responsible for failing to prevent crime.This is just one example of how the liberal fascists of the left have physically attacked peaceful Trump supporters around the country. The apparent dereliction of duty by the San Jose police appears to go well beyond lack of effort into collusion with the thugs. It looks similar to the actions of some police in the civil rights era where they attacked demonstrators or failed to protect them. San Jose needs to settle with those who were attacked and change their practices. I think the city is also vulnerable to a federal civil rights suit by the US government.
News media, both local and national, watched and recorded as San Jose police stood aside as people leaving a Trump rally in San Jose were heinously assaulted by anti-Trump thugs. The Washington Post at the time (June 2016) reported:
Protests outside a Donald Trump rally in downtown San Jose spun out of control Thursday night when some demonstrators attacked the candidate's supporters.Bob Egelko of the San Francisco Chronicle explains the Ninth Circuit's logic in allowing the lawsuit to proceed:
Protesters jumped on cars, pelted Trump supporters with eggs and water balloons, snatched signs and stole "Make America Great" hats off supporters' heads before burning the hats and snapping selfies with the charred remains.
Several people were caught on camera punching Trump supporters. At least one attacker was arrested, according to CNN, although police did not release much information.
If the allegations are true, "the officers acted with deliberate indifference to a known and obvious danger" and violated the Trump supporters' constitutional rights," said the Ninth U.S. Circuit Court of Appeals in San Francisco.They funneled the Trump-supporters into a space dominated by hostile demonstrators who already had been violent. In my opinion, this constitutes collaboration in the violence.
After the rally at the McEnery Convention Center, police directed those in attendance to leave from a single exit. There, according to the lawsuit, they were ordered to head out onto a street where hundreds of anti-Trump protesters were waiting, even though a safer route and other exits were available.
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