Louisiana court: Protest leader can be sued for cop’s injury

Mar 24, 2022, 11:58 PM | Updated: Mar 25, 2022, 12:27 pm

NEW ORLEANS (AP) — A Louisiana police officer injured when violence broke out over the police killing of a Black man in Baton Rouge in 2016 has grounds to pursue a lawsuit against a protest organizer, Louisiana’s Supreme Court said Friday.

The 6-1 opinion was not a ruling in a case, but an answer to questions posed by a federal appeals court considering whether an officer identified as John Doe, can continue his federal lawsuit against Black Lives Matter activist DeRay McKesson.

The case has freedom-of-speech implications, involving questions of who is liable for damages that occur during activities protected by the First Amendment. But the questions before Louisiana’s highest court involved whether state law could be read to place a duty on a protest organizer “not to negligently precipitate” a crime. The majority said it can. And it also said state law does not bar police officers from collecting damages under such circumstances.

The officer suffered serious head and facial injuries when someone threw a hard object at him as protesters blocked a highway in 2016. The protest arose from the police shooting death of a Black man, Alton Sterling.

“Because it is alleged that McKesson, with knowledge that such protests could turn violent, staged a protest in direct contravention of law, thereby provoking the police to respond, a person can easily associate the injury to the police officer with the alleged conduct,” Justice William Crain wrote in a concurring opinion.

The case had been through a long federal court path before the state Supreme Court was asked to weigh in. A federal district judge threw out the officer’s original lawsuit. It was revived by a divided panel of the 5th U.S. Circuit Court of Appeals in New Orleans. McKesson then went to the U.S. Supreme Court.

Although the case involves First Amendment issues, the U.S. Supreme Court sidestepped a constitutional ruling in November, saying matters of state law need to be settled first. That led to the New Orleans-based U.S. 5th Circuit sending the state Supreme Court the questions that were answered Friday.

Justice Piper Griffin was the lone dissenter. Finding that McKesson had a legal duty in the case “will have a chilling effect on political protests in general as nothing prevents a bad actor from attending an otherwise peaceful protest and committing acts of violence.”

“Courts would see increased litigation from all sides of the political spectrum and the flow of political speech could hinge on which viewpoints had patrons with deeper pockets,” Griffin said.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

File - People shop at an Apple store in the Westfield Garden State Plaza mall in Paramus, New Jerse...
Associated Press

A key inflation gauge tracked by the Fed slowed in February

The Federal Reserve's favored inflation gauge slowed sharply last month, an encouraging sign in the Fed's yearlong effort to cool price pressures through steadily higher interest rates.
2 days ago
FILE - The OpenAI logo is seen on a mobile phone in front of a computer screen displaying output fr...
Associated Press

Musk, scientists call for halt to AI race sparked by ChatGPT

Are tech companies moving too fast in rolling out powerful artificial intelligence technology that could one day outsmart humans?
3 days ago
starbucks...
Associated Press

Starbucks leader grilled by Senate over anti-union actions

Longtime Starbucks CEO Howard Schultz faced sharp questioning Wednesday before the Senate Health, Education, Labor and Pensions Committee
4 days ago
FILE - The overdose-reversal drug Narcan is displayed during training for employees of the Public H...
Associated Press

FDA approves over-the-counter Narcan; here’s what it means

The U.S. Food and Drug Administration on Wednesday approved selling naloxone without a prescription, the first over-the-counter opioid treatment.
4 days ago
FILE - A Seattle police officer walks past tents used by people experiencing homelessness, March 11...
Associated Press

Seattle, feds seek to end most oversight of city’s police

  SEATTLE (AP) — The U.S. Justice Department and Seattle officials asked a judge Tuesday to end most federal oversight of the city’s police department, saying its sustained, decade-long reform efforts are a model for other cities whose law enforcement agencies face federal civil rights investigations. Seattle has overhauled virtually all aspects of its police […]
5 days ago
capital gains tax budgets...
Associated Press

Washington moves to end child sex abuse lawsuit time limits

People who were sexually abused as children in Washington state may soon be able to bring lawsuits against the state, schools or other institutions for failing to stop the abuse, no matter when it happened.
5 days ago

Sponsored Articles

Compassion International...

Brock Huard and Friends Rally Around The Fight for First Campaign

Professional athletes are teaming up to prevent infant mortality and empower women at risk in communities facing severe poverty.
Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Louisiana court: Protest leader can be sued for cop’s injury