High court protects Secret Service agents

Published: June 4, 2012 Updated 32 minutes ago

— The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.

The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.

The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.

But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.

The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.

Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards.

Even so, the appeals court said Howards could sue the agents for violating his rights.

The main legal issue in the case was whether agents, and other law enforcement officers, should be shielded from rights lawsuits when they have a good reason, or probable cause, to make an arrest. The high court, in Hartman v. Moore, had previously ruled out damages claims for retaliatory prosecutions when there was probable cause to bring criminal charges in the first place. Unlike the Denver court, some appeals courts already have extended that rule to retaliatory arrests.

But the justices did not resolve that conflict Monday. "To be sure, we do not suggest that Hartman's rule in fact extends to arrests," Thomas said.

Instead, Thomas said the divergent rulings themselves are evidence that the law in this area is not settled. As a result, the agents cannot be held responsible for violating Howards' rights, even if the arrest had been made in retaliation for what he said.

David Lane, Howards' attorney, criticized the justices for failing to settle the issue. "It's shockingly unusual to see a case to carry absolutely not one shred of precedential value. This is that case. They broke absolutely no legal ground while managing to duck every significant issue in the case," Lane said.

Sean Gallagher, the lawyer for agents Virgil D. "Gus" Reichle Jr. and Dan Doyle, said it appears that officers might face liability only in the most egregious cases. "This ruling confirms that the federal courts will not subject law enforcement officials to personal liability except when it is absolutely clear that they have no basis to make the arrest," Gallagher said.

Justice Elena Kagan did not take part in the case.

The case is Reichle v. Howards, 10-262.

Associated Press writer P. Solomon Banda contributed to this report from Denver.

http://www.bellinghamherald.com/2012/06/04/2549254/high-court-prote...

 

— The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.


Read more here: http://www.bellinghamherald.com/2012/06/04/2549254/high-court-prote...

Views: 47

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

cheeki kea commented on cheeki kea's blog post The saddest post I've ever read. ( vaccine victim speaks out. )
37 minutes ago
cheeki kea posted a blog post

The saddest post I've ever read. ( vaccine victim speaks out. )

You know what, I think if God had a message for us here it would be the one that goes... Be as Wise…See More
1 hour ago
Burbia commented on Burbia's group The Comment Section is Closed
"So far, there are 14 comments here for the video about Iran's influence on Generation Z and…"
17 hours ago
Doc Vega posted blog posts
17 hours ago
tjdavis posted videos
yesterday
tjdavis posted photos
yesterday
Larry Harmen posted blog posts
yesterday
Larry Harmen posted videos
yesterday
Doc Vega posted blog posts
yesterday
cheeki kea commented on Less Prone's photo
Thumbnail

Rebuilding Khazaria

"Perhaps Russia and Ukraine should Rebuild the Tartarian Empire. Then game over. "
yesterday
cheeki kea commented on FREEDOMROX's blog post NEVER FORGET! WHO and UN charged with GENOCIDE in 2009
"This is Why the outlier countries Must Stand Up And Fight Them Off on all fronts at all times. For…"
yesterday
cheeki kea posted a blog post

Dr. Aseem Malhotra's Explosive Court Testimony on COVID "Vaccines"(UPDATED)

 Doctor Malhotra drops arsenal of truth bombs on Helsinki. A spectacular display. Here are few snip…See More
Tuesday
Less Prone favorited Doc Vega's blog post They Want to Murder Trump!
Tuesday
Less Prone posted a photo
Tuesday
rlionhearted_3 posted a photo
Tuesday
Doc Vega posted blog posts
Monday
Doc Vega commented on tjdavis's photo
Thumbnail

reminders

"Wow how ironic! "
Sunday
Less Prone commented on KLC's group MUSICWARS
"Walk like a Joe Biden"
Sunday
Less Prone favorited Sandy's photo
Sunday
Less Prone favorited cheeki kea's photo
Sunday

© 2024   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted