The Oklahoman

Justices side with police in excessive force cases

Court rulings back qualified immunity

- John Fritze Contributi­ng: The Oklahoman

WASHINGTON – The Supreme Court sided Monday with police in two cases in which plaintiffs claimed officers used excessive force, overturnin­g separate lower court rulings that had allowed the officers to be sued for civil rights violations.

In two unsigned opinions, the court stressed police are entitled to be shielded from liability unless it is “clear to a reasonable officer” that their actions are unlawful. In both cases the court ruled that the officers were entitled to qualified immunity, the legal doctrine that protects police from liability for civil rights violations in many circumstan­ces.

In one case, the Supreme Court overturned a lower court ruling that found an officer in California who placed his knee on a prone suspect could be sued. In another, it overturned a lower court ruling that two police officers in Oklahoma could be sued because their actions before a fatal shooting escalated the potential for violence.

At a time when the nation is still grappling with fatal police interactio­ns and bipartisan talks in Congress over increasing accountabi­lity have fizzled, the Supreme Court has mostly balked at lawsuits questionin­g the legal immunity extended officers.

Critics say qualified immunity lets police off the hook in virtually every case in which their actions are not specifically prohibited. Police organizati­ons have long countered that officers need immunity in cases when they must defend themselves and split-second decisions can lead to unforeseen tragedy.

There were no dissents from any justice in either case.

In one lawsuit, two officers in Oklahoma were part of a group of police that responded to a 911 call from the ex-wife of Dominic Rollice. The 49-year-old was in the garage, his former wife told police, and was intoxicate­d. Police walked into the garage and confronted Rollice.

Rollice continued to talk with the officers “relatively calmly,” according to a lower federal court’s account, but also appeared to pull the hammer behind his head at one point. In response, two of the officers fired their weapons multiple times. Rollice died of his wounds.

In the other suit, police were sent to a home in Union City, California, near San Francisco five years ago after a 911 call in which a 12-year-old girl reported that her mother’s boyfriend had a chainsaw and was going to attack her and her family. When police arrived, they spotted a knife in Ramon Cortesluna’s pocket and shot him with beanbag rounds when he lowered his hands in apparent confusion at the orders police were shouting at him.

A divided U.S. Court of Appeals for the 9th Circuit reversed a lower court’s judgment for the officer, ruling that controllin­g precedent at the time put police on notice that kneeling on the back of a prone, nonresisti­ng suspect was considered excessive force. Attorneys for the police told the Supreme Court in a brief that the kneeling move used on Cortesluna is “standard field procedure.”

 ?? KEVIN DIETSCH/GETTY IMAGES ?? The Supreme Court overturned two rulings from lower courts Monday.
KEVIN DIETSCH/GETTY IMAGES The Supreme Court overturned two rulings from lower courts Monday.

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