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: 54

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

tjdavis posted a photo
1 hour ago
tjdavis posted a photo
1 hour ago
tjdavis posted a blog post
3 hours ago
tjdavis posted a video

Linda Moulton Howe Reopens the Antarctica Mystery With New Claims

Linda Moulton Howe has reopened a file she guarded for twenty-five years, and nearly every witness inside it is now gone. It holds testimony about Antarctica...
8 hours ago
tjdavis posted a photo
9 hours ago
Doc Vega favorited Central Scrutinizer's group Clinton For Prison!
9 hours ago
rlionhearted_3 commented on Sandy's photo
Thumbnail

FB_IMG_1790355245884

"There was no 6 million! See Red Cross, put Jewish deaths during WWII at 277,000! German…"
10 hours ago
Doc Vega posted a blog post

The De-intellectualizing of the West!

 One of the saddest aspects of reducing a society into chaos and division is propaganda, which is…See More
yesterday
cheeki kea commented on cheeki kea's photo
yesterday
cheeki kea posted a photo
yesterday
tjdavis posted a video

The file of shame - Zandvoort - one of the largest covered-up paedophile scandals

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
Tuesday
Doc Vega posted a blog post

Alaskan Triangle US Air Force Loses 5 Aircraft

 The year is 1950 and the US and Soviet Union are locked in a crucial arms race that epitomizes the…See More
Monday
Doc Vega posted a blog post

Is this an Undeclared War We are Technologically Losing?

 Incident No. 1The year is 1980 and in US Air Force records this incident is still classified so…See More
Sep 25
tjdavis favorited Sandy's photo
Sep 25
Sandy posted a photo
Sep 25
tjdavis favorited cheeki kea's video
Sep 23
Mr.Jensen commented on cheeki kea's video
Thumbnail

THE PAPER CHAINS

"Well from now on this fight is up to Amerian People to win it. I'm afraid that all wars you…"
Sep 23
Mr.Jensen updated their profile
Sep 23
Doc Vega posted a blog post

Top German Panzer Ace of WWII Meets His End Finally

On the battlefields of the eastern and western fronts there was a scourge for the Germans who had…See More
Sep 22
tjdavis posted a photo
Sep 22

© 2026   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