Supporters of President Donald J. Trump who were assaulted during a violent 2016 protest in California have been given the nod by the Ninth US Circuit Court of Appeals to sue the San Jose Police Department.
The court -in but a series of surprising rulings to come from the Ninth in recent times- made a 3-0 decision on July 27, upholding a federal judge’s refusal to dismiss the suit, which alleges that the officers herded the supporters into a violent crowd of anti-Trump protesters.
The June 2016 incident was unfavorably recounted by Judge Dorothy Nelson, who pointed out that the police did not handle the riot particularly well by corralling opposing groups into the same area.
“The attendees allege the officers shepherded them into a violent crowd of protesters and actively prevented them from reaching safety,” she wrote. “The officers continued to implement this plan even while witnessing the violence firsthand.”
— Max Emfinger Patriot (@EmfingerSScout) June 7, 2016
According to the Washington Times, pro-Trump individuals -often easily identified by distinctive red hats- were chased, pelted with eggs, punched, forcibly disrobed, spit on and attacked in various other ways.
“The police stood there and did nothing after barring the exits to safety,” Judge Nelson wrote. “Under Ninth Circuit law, there’s what’s called the state-created danger doctrine. If you put people into danger, then the government is responsible for that.”
The San Jose City Attorney, Richard Doyle, is reportedly planning to consult with the city council on a possible appeal.
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