Pittsburgh Post-Gazette

High court makes it more difficult to sue police for barging into homes

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WASHINGTON — The Supreme Court made it harder to sue police for barging into a home and provoking a shooting, setting aside a $4 million verdict against two Los Angeles County deputies on Tuesday.

The unanimous ruling rejected the so-called provocatio­n rule that some lower courts have used. Under that rule, police can be sued for violating a victim’s constituti­onal rights against unreasonab­le searches if they provoked a confrontat­ion resulting in violence.

“The basic problem with the provocatio­n rule,” Justice Samuel Alito, wrote in the 8-0 decision, is that it “provides a novel and unsupporte­d path to liability in cases in which the use of startled a man and a force was reasonable.” woman who were napping.

The police cannot be held When the man reached for liable for injuries they a BB gun, one deputy yelled caused as part of a search “Gun!” and the two officers unless the search itself is fired 15 shots. “unreasonab­le” under the Angel Mendez was hit Fourth Amendment, several times and lost his Justice Alito wrote. leg. His pregnant wife, Jennifer

Thecase decided Tuesday Garcia Mendez, was began in 2010 when Los Angeles also hit several times. County deputies were In a second unanimous searching for a parole violator decision, the Supreme Court who was believed to be ruled that people convicted armed and dangerous. of having consensual sex Basedon a tip, they went to a with youths over 16 are not house in Lancaster. Several subject to mandatory deportatio­n. deputies entered the house without a search warrant, The court also agreed to and two others went around decide whether officials in to the back where they saw Ohio had been too aggressive three metal storage sheds in culling the state’s anda wooden shack. voter rolls, and also said

When they opened the companies give up their patent door of the shack and pulled rights when they sell an back a blue blanket, they item.

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