Friday, June 02, 2017

Supreme Court gives cops win in excessive force case

Sorry I've been out of touch for so long.  Went on a long vacation.

The Supreme Court rejected the Ninth Circuit’s Fourth Amendment provocation rule which made officers liable for use of excessive force if “(1) the officer “intentionally or recklessly provokes a violent confrontation” and (2) “the provocation is an independent Fourth Amendment violation.”  Page 2 of the syllabus at

 The decison was unanimous.  I'm surprised not even one of the liberals dissented. One the one hand the provocation rule adds another complex dimension to the issues, and is not supported by Supreme Court precedent. On the other hand, it seems reasonable and fair, and the Court frequently avoids its precedents.  I vote in favor of the provocation rule.  This is an area of the where we need to tighten up, not loosen up.

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