Justices side with police in California shooting case
May 31 2017 by Larry Hoffman
Mendez and his wife were awarded $4 million in damages.
The US District Court for the Central District of California ruled that the officers violated the Fourth Amendment with their warrantless, knock-free entry into the shack but acted "reasonably" when they fired, believing their lives were in danger.
"The rule's fundamental flaw is that it uses another constitutional violation to manufacture an excessive force claim where one would not otherwise exist", he added. Angel was forced to have his leg amputated as a result of his injuries.
The problem with the U.S. Court of Appeals for the 9th Circuit's rule, Justice Samuel A. Alito Jr. wrote disapprovingly, is that it "provides a novel and unsupported path to liability in cases in which the use of force was reasonable". That applied to Esquivel-Quintana, who had sex with his 16-year-old girlfriend before and after his 21st birthday.
The Department of Homeland Security initiated removal proceedings against Esquivel-Quintana. In 2009, he pleaded no contest to statutory rape under a California law that prohibits sex with a minor more than three years younger than the perpetrator.
"We agree with petitioner that, in the context of statutory rape offenses that criminalize sexual intercourse based exclusively on the age of the participants, the generic federal definition of sexual abuse of a minor requires that the victim be younger than 16", Justice Clarence Thomas wrote for the court.
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Reversing in his favor this morning, the U.S. Supreme Court was almost unanimous that the offense in question is not considered a felony under the federal Immigration and Nationality Act. "As relevant to this case, however, the general consensus from state criminal codes points to the same generic definition as dictionaries and federal law: Where sexual intercourse is abusive exclusively because of the ages of the participants, the victim must be younger than 16".
Since Esquivel-Quintana's conduct did not constitute sexual abuse under federal immigration laws, Thomas said the state conviction did not count as an aggravated felony and he could not be deported.
Gorsuch did not participate in Esquivel-Quintana v. Sessions.
- Ruled that patent owners generally can't restrict the resale of their products. The appeals court had said the deputies were not immune from the lawsuit because they had provoked a violent confrontation. The decision came in a case in which Lexmark International sought to prevent the re-use of its printer toner cartridges.
Today, by a vote of 8-0, the U.S. Supreme Court rejected the 9th Circuit's reasoning and wiped the provocation doctrine off the books.
Justice Ruth Bader Ginsburg issued a partial dissent, saying the ruling should not apply to sales overseas.