SACRAMENTO — A federal appeals court on Friday allowed supporters of then-presidential candidate Donald Trump to proceed with a lawsuit alleging they were beaten after San Jose police steered them into a crowd of anti-Trump protesters.
Police and the city of San Jose can’t claim that officers have immunity from being sued in the aftermath of the June 2016 confrontation outside a Trump campaign rally, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled.
Nineteen Trump supporters sued the city and individual police, alleging that officers guided them into a violent protest, barred them from finding a safer way out and then stood by while protesters assaulted them.
The justices said the Trump supporters “have alleged sufficiently that the Officers increased the danger to them,” and that the police acted with “deliberate indifference to that danger.”
https://www.mercurynews.com/2018/07/27/j...n-proceed/
“Being attacked by anti-Trump protesters was only a possibility when the attendees arrived at the rally,” wrote Senior Judge Dorothy Wright Nelson, joined by Judges Andrew Kleinfeld and William Fletcher. “The officers greatly increased that risk of violence when they shepherded and directed the attendees towards the unruly mob waiting outside the Convention Center.”
The complaint details some of the injuries. A 71-year-old woman was attacked by three protesters who pulled her hair and broke her glasses. Another plaintiff, then a 14-year-old boy, was hit twice before running to a San Jose fire department vehicle to ask for help. After he was denied, the complaint says another protester tackled him.
Other rally attendees suffered a concussion, a broken nose and were involved in a confrontation in which the person was physically surrounded and trapped by protesters, the complaint says. The lawsuit alleges that law enforcement ignored the violence on the orders of city officials or their agents, which deprived the plaintiffs of their rights to free speech, freedom of assembly and due process. They seek an injunction against any further such behavior, as well as compensation.
http://www.abajournal.com/news/article/n..._rally_vio