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Hullabaloo


Friday, March 26, 2010

 
Obey, Servants

by digby


Three Seattle police officers were justified when they used a stun gun on a pregnant mother who refused to sign a traffic ticket, a federal appeals court ruled Friday in a case that prompted an incredulous dissent.

Malaika Brooks was driving her son to Seattle's African American Academy in 2004 when she was stopped for doing 32 mph in a school zone. She insisted it was the car in front of her that was speeding, and refused to sign the ticket because she thought she'd be admitting guilt.

Rather than give her the ticket and let her go on her way, the officers decided to arrest her. One reached in, turned off her car and dropped the keys on the floor. Brooks stiffened her arms against the steering wheel and told the officers she was pregnant, but refused to get out, even after they threatened to stun her.

The officers — Sgt. Steven Daman, Officer Juan Ornelas and Officer Donald Jones — then stunned her three times, in the thigh, shoulder and neck, and hauled her out of the car, laying her face-down in the street.

Brooks gave birth to a healthy baby two months later, but has permanent scars from the Taser. She sued the officers for violating her constitutional rights, and U.S. District Judge Richard Jones allowed the case to continue. He declined to grant the officers immunity for performing their official duties and said Brooks' rights were clearly violated.

But in a 2-1 ruling Friday, a panel of the 9th U.S. Circuit Court of Appeals disagreed. Judges Cynthia Holcomb Hall and Diarmuid F. O'Scannlain held that the officers were justified in making an arrest because Brooks was obstructing them and resisting arrest.

The use of force was also justified because of the threat Brooks posed, Hall wrote: "It seems clear that Brooks was not going to be able to harm anyone with her car at a moment's notice. Nonetheless, some threat she might retrieve the keys and drive off erratically remained, particularly given her refusal to leave the car and her state of agitation."

They also noted that the force used wasn't that serious because the Taser was in "touch" mode rather than "dart" mode, which hurts more. They reversed the lower court's opinion and held that the officers were entitled to immunity from the lawsuit.

It's hard to know what to say to something like that. It's always strange to me to think that police officers have a right to electrocute anyone who doesn't present a direct threat to their person, but this rationale is chilling:

"Police officers have to have the ability to compel people to obey their lawful orders," Buck said. That's all the court recognized today. The 9th Circuit just applied the law instead of getting caught up in the otherwise unfortunate factual circumstances."


Except it wasn't a lawful order, unless you define any order a police officer gives as being de facto lawful:

The majority's opinion outraged Judge Marsha Berzon, who called it "off the wall."

"I fail utterly to comprehend how my colleagues are able to conclude that it was objectively reasonable to use any force against Brooks, let alone three activations of a Taser, in response to such a trivial offense," she wrote.

She argued that under Washington law, the officers had no authority to take Brooks into custody: Failure to sign a traffic infraction is not an arrestable offense, and it's not illegal to resist an unlawful arrest.

Berzon said the majority's notion that Brooks obstructed officers was so far-fetched that even the officers themselves didn't make that legal argument. To obstruct an officer, one must obstruct the officer's official duties, and the officers' only duties in this case were to detain Brooks long enough to identify her, check for warrants, write up the citation and give it to her. Brooks' failure to sign did not interfere with those duties, she said.



Oh no, she needed to be electrocuted and arrested because there was a chance that she might drive off erratically. Or shape-shift into a lizard and levitate. You just can't be too careful. In any case, what these judges seem to be saying is that there is no lawful reason that an officer cannot taser a citizen as long as he is barking some order and they fail to comply quickly enough. No reason of any kind, not even the fact that the officers had no right to issue that order at all. That's scary.

BTW: where are all the anti-authoritarian libertarians now? It seems as if they only care about the constitution when it comes to taxes and guns. Someone else's right not to be electrocuted for refusing to sign a traffic ticket? Not their problem.


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