In yet another measure to destroy the concept of Law and Order in America and annihilate Law Enforcement, the Supreme Court will hear an appeal that could allow Civil Rights suits against law enforcement officers.
According to Bloomberg Law,
“A Brooklyn man wants the justices to say plaintiffs whose criminal cases are dropped shouldn’t have to first prove their innocence before bringing so-called malicious prosecution suits. His appeal is backed by a coalition of 57 prosecutors, ex-Justice Department officials, and former judges.
Under the Supreme Court’s 1994 decision in Heck v. Humphrey, plaintiffs can’t bring such claims unless criminal proceedings terminated in their favor.”
The plaintiff in this case is Mr. Larry Thompson who is seeking suit against officers of the NYPD. Amir Ali, deputy director of the MacArthur Justice Center’s Supreme Court and Appellate Program representing Mr. Thompson said ““The constitutional claim here is one of the most serious—that an officer has abused the legal process to put someone in jail and have them charged with a crime, without having any lawful basis,”
Steve Art, a Chicago lawyer who handles civil rights claims said that the standard set by Heck v. Humphrey “is almost impossible to satisfy.”
The Back story
Thompson was placed under arrest at his home in Brooklyn in 2014 by Police investigating claims of child abuse. He was held for two days in jail and charged with obstruction of governmental administration and resisting arrest. New York Prosecutors ultimately dismissed his case “in the interest of justice,” however, this dismissal doesn’t meet the standard set by the 1994 decision.
Thompson has pursued civil claims of “malicious prosecution” against officers however, he couldn’t show “affirmative indications of innocence,” and therefore couldn’t carry on his case. The Supreme Court is being asked to rule on his appeal.
The Possible Consequences to Law Enforcement
New York City Law Department’s general response and concern here is according to spokesman Nick Paolucci “In general,” Paolucci said, “these claims raise the question of why police officers should be sued for alleged wrongful prosecutions when they don’t make the decision to prosecute.” A ruling in favor of Mr. Thompson could open law enforcement officers to possible charges of malicious prosecution even though they do not make the ultimate decision on prosecution. This taken in combination with the “George Floyd Justice in Policing Act”, which among other insidious provisions would gut the protections of qualified immunity.
It’s a different angle but it’s the same attack. The left is working at multiple government levels through all three branches to ultimately undermine and eliminate the ability of law enforcement to function in any way that actually reduces crime.
This could create in turn more and greater impetus for Americans to arm themselves, and have more cause to exercise force. Each exercise of defensive force is then capable of being used as a rallying cry to finally annihilate the Second Amendment, allowing the Democratic-Socialists to impose their order on a defenseless populace. Seem like too much? Maybe ten years ago it would, but today it all fits in the pattern of the left’s unending obsession with ultimate control.
