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mahatmakanejeeves

(57,261 posts)
Mon Nov 2, 2020, 11:05 AM Nov 2020

Black Lives Matter Leader Secures Temporary SCOTUS Win

Source: Bloomberg Law

Black Lives Matter Leader Secures Temporary SCOTUS Win

Nov. 2, 2020, 9:51 AM

The U.S. Supreme Court sent back a case finding that protest organizers can be held accountable for injuries to police when events turn violent, saying the lower court should have let state courts weigh in. ... The lower court had allowed a suit by an injured officer against Black Lives Matter leader DeRay Mckesson to go forward. A twist in the case involves a judge who first sided with the plaintiff but then reversed course in a “change of heart.”

But the justices undid that ruling, saying the lower court should have “certified” questions to the Louisiana Supreme Court to settle questions of state—as opposed to federal—law. ... “We think that the Fifth Circuit’s interpretation of state law is too uncertain a premise on which to address the question presented,” the court said in an unsigned opinion. Only Justice Clarence Thomas dissented. Newly confirmed Justice Amy Coney Barrett didn’t participate in the matter, which arrived at the court before she was nominated to the bench.

The officer in the case, who’s not been named, was seriously injured during a demonstration prompted by the 2016 deadly shooting of a Black man by off-duty police in Baton Rouge, La. He alleges that Mckesson “knew or should have known” that “violence would result.” ... The Supreme Court’s decision to send the case back to the lower court comes after a summer of historic demonstrations against racial injustice and police brutality.



Read more: https://news.bloomberglaw.com/us-law-week/black-lives-matter-leader-secures-temporary-scotus-win



Hat tip, Scotusblog

https://www.scotusblog.com/

Breaking News :
On Monday, the court released unsigned opinions in Taylor v. Riojas and McKesson v. Doe, summarily overturning the 5th Circuit's judgment in Taylor and ordering further proceedings in McKesson.

The Supreme Court throws out judgment in injured Baton Rouge police officer suit against Black Lives Matter protester. The unsigned opinion sending the case back to lower courts for further proceedings begins on page 9 of the orders list.

https://supremecourt.gov/orders/courtorders/110220zor_08m1.pdf


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Black Lives Matter Leader Secures Temporary SCOTUS Win (Original Post) mahatmakanejeeves Nov 2020 OP
Of course, I do not have a fine understanding of Constitutional law Chainfire Nov 2020 #1
Thomas kwolf68 Nov 2020 #2
def a POS, but check new Justice Drunky's latest, and stand by for blinding BS from Sister Amy bringthePaine Nov 2020 #4
#scotus vacates 5th Circuit ruling against #BLM activist DeRay Mckesson in damages suit, sends ... mahatmakanejeeves Nov 2020 #3

Chainfire

(17,436 posts)
1. Of course, I do not have a fine understanding of Constitutional law
Mon Nov 2, 2020, 11:11 AM
Nov 2020

But the injured officer's complaint seems to be as if a traffic accident victim sued the auto maker on the theory that placing cars on the market would likely to result in someone being injured. The logic is sound, but irrelevant.

mahatmakanejeeves

(57,261 posts)
3. #scotus vacates 5th Circuit ruling against #BLM activist DeRay Mckesson in damages suit, sends ...
Mon Nov 2, 2020, 11:52 AM
Nov 2020
#scotus vacates 5th Circuit ruling against #BLM activist DeRay Mckesson in damages suit, sends case back for more work. New Justice Barrett did not participate in that case, or rest of court's work last week. Her first oral argument begins in moments


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