Law Enforcement and Qualified Immunity
The Supreme Court of the United States of America is the highest court in the country. The Court hears cases that are on appeal from a United States Circuit Court decision. The Supreme Court can choose to overturn the opinion of the lower court, or they can rule Stare Decisis, which is Latin and translates to “let the decision stand.” This means the Supreme Court chooses to uphold the decision of the lower court and not hear the case. A recent case heard by the Supreme Court was Stanton vs. Sims. The facts of the case were: a civilian (Stanton) sued a police officer on the grounds that the officer invaded her property without permission; this resulted in Stanton getting injured. The officer was sued and held liable. He filed an appeal that went to the Supreme Court, which ultimately reversed the decision of the 9th District Court.
It all began when Officer Mike Stanton responded to a late night call of “unknown disturbance” in La Mesa, California. This specific area has a history of gang violence, and when Officer Stanton saw a young man (later identified as Nicholas Patrick) he yelled out “Police” to which Patrick did not respond, and made his way into a yard. Stanton followed after the man, kicking through the gate and in turn knocking down, and injuring homeowner Drendolyn Sims. Patrick was then stopped and questioned by Stanton, but he was not charged with a crime.
Drendolyn Sims then sued Officer Mike Stanton alleging that he had violated Sims’ constitutional rights by entering her private property. Judge Reindhart of Los Angeles’ 9th Circuit Federal Court agreed that Stanton had indeed violated the law. Concluding the officer had no reason to believe that Patrick was dangerous, or had committed a crime the judge ruled in favor of Sims.
Officer Stanton filed an appeal to the higher court, and without even bothering to hear any arguments the court issues an eight-page unsigned opinion that reversed the opinion of the 9th Circuit. The court said that officers had “qualified immunity” from lawsuits if their actions did not CLEARLY violate the Constitution, which in this case it did not.
In conclusion, in order for a plaintiff to overcome the “qualified immunity” given to law enforcement, he/she must prove that the officer clearly violated the constitution. In the case of Stanton vs. Sims the Supreme Court did not see a clear violation and reversed the decision of the 9th Circuit Court.
At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.
