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
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 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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