Tuesday, May 6, 2014

US Supreme Court Tolan v. Cotton 13-551

Decision here.

   Tolan and his cousin were driving to Tolan's house in a black Nissan.  As they got out of the car, an officer cleared the plate through NCIC.  Or he thought he did... he actually had a typo in the plate number.

   The incorrect plate number came back to a stolen vehicle of the same make and model.  And what happened next was a MESS.  Tolan and his cousin were given orders at gunpoint to get on the ground, more officers responded to assist, Tolan's parents came out of the house to voice their objection (calling out to the officers with hands up, saying that Tolan was their son, that was their car, the car wasn't stolen, etc..).  Basically a high-risk stop gone bad because of a lot of interference and limited compliance.

   Tolan's mother didn't comply with instructions to stand by the garage door, so Sgt. Cotton physically moved her out of the way.  There's conflicting testimony as to how much force he actually used, but the worst version says that he shoved her against the door hard enough to leave bruises.  Then Tolan got to his feet (or to his knees, depending on who you believe) while telling Cotton "get your fucking hands off my mom."

   Then Cotton shot Tolan.  Because we don't do less lethal force in Texas?  I don't know, but Tolan survived (with a life-altering injury).  Cotton was indicted for (and later acquitted of) aggravated assault by a public servant.  Tolan & family sued.

   The trial court and the Fifth circuit each held that Cotton was entitled to qualified immunity.  The trial court held that the force used was reasonable, and the Fifth held that whether or not the force used was reasonable, Cotton did not violate any of Tolan's clearly established rights.  I haven't read those decisions, so I can't speak to how they arrived at those conclusions.

   The US Supreme Court held that the Fifth circuit did not view the facts in the light most favorable to Tolan, the plaintiff (which the courts are required to do when deciding whether or not to grant qualified immunity).  Expressing no opinion of the reasonableness of Cotton's actions, SCOTUS simply vacated the decision of the lower court and sent it back for them to decide again using the correct standard.

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