National
High Court Sides with Inmate in Excessive Force Case
WASHINGTON (AP) — The Supreme Court on Monday made it easier for inmates who are accused of crimes — but not yet convicted — to bring cases of excessive force against jail officials.
The justices ruled 5-4 in favor of a Wisconsin man who sued jail officers for civil rights violations after they used a Taser gun and other rough tactics while transferring him to another jail cell.
The incident involved Michael Kingsley, who was jailed pending trial on drug charges. He claimed he only had to show the officers were unreasonable in using force.
A lower court ruled Kingsley also had to prove the use of force was intentional, or at least reckless. But the Supreme Court agreed with Kingsley that he only needed to show the conduct was “objectively unreasonable.”
Writing for the majority, Justice Stephen Breyer said the standard should not be applied “mechanically.” He said a court must consider the perspective of “a reasonable officer on the scene,” taking account of the need to manage the jail and maintain order and security.
Breyer was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.
Writing in dissent, Justice Antonin Scalia said a prison guard’s use of more force than necessary might have been “the result of a misjudgment about the degree of force required to maintain order or protect other inmates” and not any improper motive.
Scalia was joined by Chief Justice John Roberts and Justice Clarence Thomas.
Justice Samuel Alito dissented separately to say he would have dismissed the case until the court decides when a pretrial inmate can bring a claim of excessive force against a jail employee.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Oakland Post: Week of April 24 – 30, 2024
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Oakland Post: Week of April 17 – 23, 2024
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Barbara Lee
Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza
On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.
By California Black Media
On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).
“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.
The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.
“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.
The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.
Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.
“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.
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