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Saturday, September 3, 2011

Finally an intelligent ruling from the 9th Federal Circus Court from San Francisco....

Anyone with knowledge of the federal courts knows the the 9th Circuit Court of Appeals is a group of radicals with little knowledge of the law and less knowledge of life. But sometimes they hit it right....then again a broken clock.


Court: Santa Clara cops justified in shooting
Federal appeals court rejects wrongful death case against Santa Clara cops
By Howard Mintz
Contra Costa Times


SANTA CLARA, Calif. — A federal appeals court rejected a wrongful death lawsuit against the Santa Clara police department, finding officers acted reasonably when they shot and killed a young rapper who turned violent at a 2008 house party.


In a short ruling, two 9th U.S. Circuit Court of Appeals judges on Wednesday upheld an earlier decision by a San Jose judge who tossed the lawsuit filed by the family of Aziz Howard Raqmond James. James, considered a rising Bay area hip-hop star known as Almighty Aziz, stabbed two friends and a police dog before he was fatally shot by police who arrived at the scene.

He stabbed a K9....deadly force, end of discussion. Hopefully his handler got a few good shots in a painful place before the POS became living challenged.
James was hiding in a locked bedroom, blocking the door, when the officers responded to 911 calls from other partygoers. James' family sued, arguing that police used excessive force and could have taken alternative steps to avoid his death.

But the 9th Circuit disagreed, saying, "Faced with a knife-wielding suspect, the officers were justified in their use of deadly force."

9th Circuit Judge A. Wallace Tashima dissented, saying he would allow the lawsuit to proceed to trial because James did not pose an "immediate threat" to the police or others once locked in the bedroom. Tashima also expressed concern that police triggered the deadly force by unleashing the dog on James...


Oh Judge A Wally, I have to shock you with some reality. Take a look at the injuries this officer sustained from a man with a knife.

This is what a man with a knife did to a man with a gun. Now thankfully the officer lived here but there is no question this is serious bodily injury, also called SBI. If someone has reasonable fear for his life or SBI, or has a similar fear for a third person he can use deadly force. A gunshot is deadly force in case you don't know that. Now the suspect had already stabbed two other persons and injured the K9 (another use of intermediate force, FYI) so yes, they had reasonable fear for life or SBI. And yes, they were justified in use of deadly force.

Good work officers glad your safe.



2 comments:

  1. Very Interesting blog - thanks.

    Signed one of the Half Ass Lawyers

    ReplyDelete
  2. Thanks Anon...I'll be playing here all week! :<)

    ReplyDelete