[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Ohio’s ‘Tobacco 21’ law takes effect on Thursday

Terrorized, Traumatized and Killed: The Police State’s Deadly Toll on America’s Children

Cops Arrest 12-Year-Old For Pointing 'Finger Gun' At Classmates

CNN President Zucker Has Vendetta Against Trump, is Pushing Impeachment

GQ Magazine Says “New Masculinity” is Men Wearing Earrings, Giant Sleeping Bag Dresses and Crying

Illinois red-light cameras have collected more than $1B from drivers since 2008

Police Force Horrifying Sexual Assault Exam on 5yo Girl After She Fell Off a Trampoline

The DeadWire

Biden: First thing we gotta do is go after people clipping coupons in the stock market

AG Barr Full Notre Dame Speech

Democrats Attack Elizabeth Warren 16 Times in Democrat Debate

Turkey holding 50 US nuclear bombs 'hostage' at air base, report says

Mary Poppins Movie Review (another disturbing Hollywood-remake targets children)

Neil DeGrasse Tyson Dismisses and Mocks Bible Account of Creation From Genesis-to-Revelation; (Laughs at Believers in Literal Bible as "Un-enlightened")

ABC News ‘slaughter in Syria’ footage appears to come from a Kentucky gun range

Census Bureau seeks state data, including citizenship info

Latest list of those allegedly targeted for illegal monitoring by ousted Obama holdover Amb to Ukraine

Fort Worth police officer fatally shoots woman in her home while checking on an open front door

Cop Stands Up to Bully Officers for Harassing Him, Gets Beaten, Arrested and Fired

Siblings Outraged by Their Brother's Fatal Shooting Dismiss the Fact That He was an Armed Robber - "Oh Well!"

U.S. Mint to redesign gold and silver American Eagles, implement security devices - Mnuchin chips the bird

"Abuse By The Police" Documentary Allows Victims Of Rape By Cops Who Got Away Scot Free To Speak Out

James OÂ’Keefe announces 'This may be the biggest story Project Veritas has ever broke' [CNN]

ELECTORAL COLLEGE OVERWHELMINGLY FAVORS REPUBLICANS, ABOLISHING ENTIRE SYSTEM ONLY REMEDY: STUDY

Rand Paul: Democrats Need to be Investigated Over Ukraine

Winnie the Pooh warns attempts to divide China will end in 'shattered bones'

A bunch of democratic faggot and tranvestite loving freaks from hell

Bill Barr Flames ‘Unremitting Assault’ On Religion, Traditional Values During Notre Dame Visit

Hunter Biden Steps Down From Chinese Board in Bid to fight.

AGW Hut! Hut! Huts! Woman Over Hot Dog

The NBA's China Problem Gets Worse After 2 American Arenas Eject Hong Kong Supporters

Jackie Brown star Robert Forster dies aged 78

A Latina novelist spoke about white privilege. Students burned her book in response.

Trump speaks to media during meeting with Chinese officials (Phase 1 trade treaty agreed to)

'Deeply harmful: Democrats fear O’Rourke will aid Trump by calling for seizing guns and taxing churches

Shepard Smith Stepping Down From Fox News

Orators of the Democrat Party

(WHOA!) Trump on Joe Biden at Rally, "He understood how to kiss Barack Obama's *ss".

Biden: ‘We Allow The Homophobes’ To Control The Agenda

SCARRED FOR LIFE: Post-Op Transgenders Start Movement to Encourage People to ‘Detransition’

President Trump is a Choir Boy Compared to Other Recent Presidents

With Request to Testify via Letter, Fake Whistleblower Achieves Peak Absurdity

More People Killed by Knives Than by Rifles, Shotguns, But Handguns Used in Most Murders

"It Drove Like A Drunk-Driver": Consumer Reports Eviscerates Tesla's Smart-Summon Feature

Does Corporate America Really Want to Hold a National Referendum on Whether Americans Value Their Own Freedoms or Corporate Freedom to Import Chinese Censorship More?

Neil deGrasse Tyson reacts to report of asteroids barreling toward Earth (Suggests asteroid "Deflector" shield like an 'Atari' game to protect Planet from annihilation)

Florida man who claimed self-defense after shooting man over parking spot sentenced

Buckle Up . . . Your Gym Bag

18-Year Old US Soldiers Now Entering Afghanistan 18 Years After War Began

Not-So-Smart Summoning


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Court Rules Police Officer Who Shot 10-Year-Old Is Protected by Qualified Immunity
Source: Reason
URL Source: https://reason.com/2019/07/16/court ... otected-by-qualified-immunity/
Published: Jul 16, 2019
Author: Billy Binion
Post Date: 2019-07-17 07:21:27 by Deckard
Keywords: None
Views: 128
Comments: 1

"No reasonable officer would engage in such recklessness," complains dissenting judge.

dreamstime_xxl_92272668
(Ivan Kokoulin | Dreamstime.com)

A woman whose 10-year-old child was shot by a police officer will receive no compensation for her child's medical bills after a federal court ruled last week in Corbitt v. Vickers that the officer was protected by qualified immunity.

In 2014 a criminal suspect named Christopher Barnett entered Amy Corbitt's front yard where a group of children were also playing. The police soon followed in pursuit of Barnett. The officers held Barnett and the children at gunpoint, ordering them all to get on the ground. All complied, including Barnett, who was apprehended without incident.

But Bruce, the Corbitt family dog, sauntered over to Coffee County, Georgia, Deputy Sheriff Matthew Vickers, who attempted to shoot the animal, regardless of the fact that "no one appeared threatened by [Bruce]," as the 11th Circuit put it. Vickers missed. The dog briefly retreated, then reappeared, prompting Vickers to shoot at the animal once more. Vickers missed the dog again, but this time he hit Corbitt's 10-year-old child in the back of the knee. That child was lying on the ground a mere 18 inches from Vickers, according to court documents.

The child, referred to as "SDC" throughout the legal proceedings, has since "suffered severe pain and mental trauma," according to the 11th Circuit, and has required ongoing care from an orthopedic surgeon.

In response to the shooting of her child, Amy Corbitt filed a $2,000,000 suit for special and compensatory damages. Vickers countered with a motion to dismiss, which argued "that [Vickers] was entitled to qualified immunity because case law had not staked out a 'bright line' indicating that the act of firing at the dog and unintentionally shooting SDC was unlawful."

The U.S. District Court for the Southern District of Georgia agreed with Corbitt, holding in 2017 that Deputy Sheriff Vickers' use of force violated the child's Fourth Amendment rights.

But the U.S. Court of Appeals for the 11th Circuit reversed that judgment last week, holding that Vickers deserved qualified immunity because "Corbitt failed to present us with any materially similar case from the United States Supreme Court, this Court, or the Supreme Court of Georgia that would have given Vickers fair warning that his particular conduct violated the Fourth Amendment." In other words, because there was no earlier case on the books declaring this particular type of conduct to be clearly unconstitutional, the officer received qualified immunity.

Furthermore, according to the 11th Circuit, one relevant Supreme Court precedent, Brower v. County of Inyo (1989), directly cut in favor of the officer. According to Brower, "a Fourth Amendment violation depends upon intentional action on the part of the officer." In short, according to the 11th Circuit's application of Brower, because Vickers meant to shoot the dog—not the child—his actions should be covered by qualified immunity.

The qualified immunity doctrine centers on the idea of reasonableness. Would a reasonable police officer have known that he was violating a constitutional right? That is essentially the litmus test.

Writing in dissent, 11th Circuit Judge Charles Wilson insisted that Vickers clearly deserved to flunk that test in this case. "Facing no apparent threat, Officer Vickers chose to fire his lethal weapon in the direction of these children," Wilson wrote. "No reasonable officer would engage in such recklessness and no reasonable officer would think such recklessness was lawful. Therefore, Wilson concluded, "I agree with the district court that Officer Vickers should not be entitled to qualified immunity."


Poster Comment:

Only in Police State America can a cop recklessly shoot a 10-year-old and receive no punishment for doing so.

Of course - anyone not a badged thug who did the same thing would face charges, child endangerment at the very least.

"If you're not cop, you're little people".

The trigger-happy prick should be in jail. (1 image)

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

Only in Police State America can a cop recklessly shoot a 10-year-old and receive no punishment for doing so.

He shot at the dog, missed, and bullet fragments from the ricochet hit the 10-yea year year-old in the leg. Five years ago.

Hell, the kid's probably playing basketball as we speak. $2 million, my ass.

misterwhite  posted on  2019-07-17   9:33:40 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com