Supreme Court shields a police officer from being sued for shooting a woman in her front yard
Key Excerpts from Article on Website of Los Angeles Times
Posted: April 16th, 2018
The Supreme Court on Monday shielded a police officer from being sued for shooting an Arizona woman in her front yard, once again making it harder to bring legal action against officers who use excessive force, even against an innocent person. With two dissents, the high court tossed out a lawsuit by a Tucson woman who was shot four times outside her home because she was seen carrying a large knife. Justices Sonia Sotomayor and Ruth Bader Ginsburg said in dissent the victim did not threaten the police or a friend who was standing nearby. This "decision is not just wrong on the law; it also sends an alarming signal to law enforcement officers and the public," Sotomayor wrote. Since the Civil War, federal law has allowed people to sue government officials, including the police, for violating their constitutional rights. But in recent years, the Supreme Court has erected a shield of immunity for police and said officers may not be sued unless victims can point to a nearly identical shooting that had been deemed unconstitutionally excessive in a previous decision. The justices did not rule on whether officer Andrew Kisela acted reasonably when he used potentially deadly force against Amy Hughes. The court instead ruled [that Kisela] could not be sued because the victim could not cite a similar case. Sotomayor said the majority had revised the facts to favor the officer. "Hughes was nowhere near the officers, had committed no illegal act, was suspected of no crime, and did not raise the knife," she wrote.