HomeMy WebLinkAbout12-12-2000 Articles
~ · The Gazette, Tues.,'Nov. ~.4, 2000
ffiiCh court' e¢ins' debateon lawsuits involvin¢ police brutality
' . WASHINGTON (AP) r--, The or'Jury who decides ~Whethor was servin~ as! a miittlry po-. 4 foot-by-3 foot banner that said
1
~prsme Court entered'tti~ de- 'po ice ~sed :~.xcessive force,':, liceman at 'a SepL 24, '1994, "Please Keep Animal Torture
bate over police brutality Mon- said attorney J. Kirk Boyd, ceremony at the Presidio mill- Out of Our National Parks."
· day, agreeing to clarify when representing activist Elliot ta~ post in San Francisco to
aftleers can be held legally Ka~ who was arrested when celebrate the facility',s oonver-Katz contends in his civil
responsible for using excessive he unfurled a banner during sion from an Army base to a suit that Saucle~ and another
force while making an arrest. the speech on a military p~L 'national recreation area. NIP grabbed him and escorted
Th~ Cilnton administration The justices' decision, expec- him to a military van and
. says ~ a lower court. ruling ted next year, is likely to be of:Katy., a 60-year~id veterinari- "violen~y threw" him inside.
means police officers "in many great importance to police fore- an and president of the group He was not hurt, and he later
cases, may use no force at all" es nationwide. In Defense of Animals, had a was released withbut , being
· in arresting s6meone. The jus- High-proffie. a/legations of seat near the speakers' stage. charged with violating any law
As Gore spoke, Kats unfurled a or regulation.
tices agreed to hear the govern- abuse have been made in re-
ment's bid to throw out an cent years a~inst police de- !~" '
'animal-rights activist's lawsuit partments. .
-~,ainst an officer who arrested The court said i~ will review
m during a 1994 ~ by rulings to allow a jury to hear
:. Vice President AI Gore. . Katz's lawsuit against military
"This case bails down:to police officer Donald Saucier.
' whether it's going to be a judge · Saucier, an Army private,
Court to Study Forcc Used by Police
Monday, NI tvcmbcr 13, ~( )( t( ~
WASHINGTON --- The Suprelne Court agreed Monday to clarify when police officers can be held legally
responsible for using excessive force while arresting someone.
The court's decision, expected sometime m 2001, is likely to be of great importance to police forces
nationwide.
Granlmg a Clinton administration appeal, the justices said they will consider whether to throw out a
civil-rights lawsuit against a milita~ police o~cer accused of using excessive force to arrest a
demonstrator during a speech by Vice President A1 Gore.
The court said it Will review rulings that would allow animal-rights activist Elliot Katz's lawsuit against
Donald Saucier to reach aju~.
Saucier, an Arn~y private, was serving as an MP at a Sept. 24, 1994, ceremony at the Presidio milita~ post
m San Francisco to celebrate the Kaci lity's conversion fi-om an Army base to a national park.
Katz, a 60-year-old veterinarian and president of the group In Defense of Anm~als, had arrived at the event
early and obtained a seat close to the speakers' stage As Gore was speaking, Katz removed a 4-foot by
34oo1 banner from his .jacket and unfurled it so Gore and others on the stage could see it. The banner r~d,
"Please Keep Animal Torture Out of Our National Parks."
According to Katz's la~vsuit, Saucier and another MP grabbed him and esco~ed him to a milita~ van and
"violently threw" him inside. He was not hurt.
Katz was taken to a milita~ police station and briefly detained. He was released without being charged
with violating any law or regulation.
A federal trial judge and the 9th U.S. Circuit Court of Appeals refused to dismiss Katz's lawsuit before it
reaches a ju~, ruling that Saucier is uot entitled to "qualified in~munity" for allegedly violating Katz's
Fourth Amendmenl prolection against unreasonable seizures.
The appeals court said the legal test for deciding whether the force used during an arrest was
constitutionally proper is whether it was "reasonable" - precisely the same test for deciding whether an
arrest without a court warrant was constitutionally valid.
The Supreme Court last year agreed to resolve that issue but the case the justices had chosen was
subsequently settled out of cou~.
Justice Department layers said a half-dozen other federal appeals courts have ruled that the test for
qualified immunity in such cases is not identical to the test of reasonableness.
The govermnent's appeal said the 9th Circuit corm, by denying Saucier qualified immunity from Katz's
claim, "in effect established a rule that law enforcement officers making an arrest may use no more force
than absolutely necessary and, in many cases, may use no force at all."
: ~i; Ho~m,e N_e,w~s: T~'_s._Stor~le~s
'BMES '::
UNION
~!:j:.~d:L~/;=:i: First publrshed Thursday, November 30 2000
Review board positions
available
Albany - Outside investigators will aid scrutiny I _~_
of complaints against police
Albany I,aw School's Governn~ent Law Center is
seeking I~coplc who have legal backgrounds or
experience in investigativc work who are interested ....
m being on a rotating panel ol'investigato~s tbt the
cih"s nexv ('ilizcns' I'olicc Review Board ~WO (.OUSiD5
According to lhc legislation thai created the board,
ils mcml~c~s can appoint an oulsidc invcs/igalor in
case of complaints lha/allege excessive use of three
m civil righis violations by lhe police In Ihese cases,
lhc invcsligalo~ will observe the Police Departmenl's
inv'csligamm liom start to tinish and report back to
ihc icylow board as well as lbe chief of police
The legislation calls ibr the Govemn~ent I,aw Center
lo maintain a panel of "cerliiied investigators,
atlorneys, retired judges and the like" who must be
appro~ed by Mayor Jerry Jennings and lbe Conm~on
Council p~ ior to their appoinnnent The investigators
likely ~i]l be paid Ibr lbeir work.
Applicants should send a letter ol'interesl and a
resume m Sharn~ainc Moselcy, Governnlcnl Law
CenteL Albany Law School, 80 New Scothind Ave,
Albany, NY 12208
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