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Home My WebLink About12-12-2000 ArticlesI N m 0 It Cam+ A �. 1 > � C � gg E ey c ie i 4a C .5 `moo y ."i c 9 j 131'.I m og -54 G p� SS3� aey i�; o �$ a .rJ'" m'! I Ums 5 K8, a g e d x E 91 jig jag d o p v 3 °' 74g.� Eqq a m � ��o�•-� ��N �.�yyo Cdo E� ME �I q•� ar3S�,� o«i TiiS CoC �B•o .��ii ,"�Co YJ �+ }2? o w �+ 3 � 1 It 92 m I. haw 2A ■ The Gazette, Tues., Nov. 14, 2000 High- court begins debate on lawsuits involving police brutality WASHINGTON (AP) > .The or -'jury decides .,whether was serving as a military po- , 4 foot-by-3 foot banner that said Supreme Court entered:'tlie de- ,who police used -excessive force;' . liceman at 'a Sept. 24, 1994, "Please Keep Animal Torture bate over police brutality Mon • said attorney J. Kirk Boyd, ceremony at the Presidio mill- Out of Our National Parks." day, agreeing to clarify when representing activist Elliot tary post in San Francisco to officers can be held legally Katz, who was arrested when celebrate the facility's conver- Katz contends in his civil responsible for using excessive he unfurled a banner during sion from an Army base to a suit that Saucier and another force while making an arrest the speech on a military post national recreation area. MP grabbed him and escorted The Clinton administration . The justices' decision, expec- him to a military van and says' a lower court. ruling ted next year, is likely to be of Katz, a 60-yearokl veterinari- "violently threw" him inside. means police officers "in many great importance to police fort• an and president of the group He was not hurt, and he later cases, may use no force at all' es nationwide. In Defense of Animals, had a was released without . being in arresting someone. The jus- High -profile allegations of seat near the speakers' stage. charged with violating any law tices agreed to hear the govern- abuse have been made in re- As Gore spoke, Katz unfurled a or regulation. ment's bid to throw out an cent years against police de animal -rights activist's lawsuit partments. �,ainst an officer who arrested The court said it will review m during a 1994 speech by rulings to allow a jury to hear Vice President Al Gore. Katz's lawsuit against military "Phis case boils down ' to police officer Donald Saucier. whether it's going to be a judge , Saucier, an Army private, shinglonposl.nmr. Court to Smdc Ilrtu l 'ed I", I'ohcc uup ..... .— I.,........ _ _ Court to Study Force Used by Police the Associated Puss Mondat , Noccmbcr I:l. 2000 WASHINGTON --- The Supreme Court agreed Monday to clarify when police officers can be held legally responsible for using excessive force while arresting someone. The court's decision, expected sometime in 2001, is likely to be of great importance to police forces nationwide. Granting a Clinton administration appeal, the justices said they will consider whether to throw out a civil-rights lawsuit against a military police officer accused of using excessive force to arrest a demonstrator during a speech by Vice President At Gore. The court said it will review rulings that would allow animal -rights activist Elliot Katz's lawsuit against Donald Saucier to reach a jury. Saucier, an Army private, was serving as an MP at a Sept. 24, 1994, ceremony at the Presidio military post in San Francisco to celebrate the facilitys conversion from an Army base to a national park. Katz, a 60-year-old veterinarian and president of the group In Defense of Animals, had arrived at the event early and obtained a seat close to the speakers' stage. As Gore was speaking, Katz removed a 4-foot by 3-foot banner from his jacket and unfurled it so Gore and others on the stage could see it. The banner read, "Please Keep Animal Torture Out of Our National Parks." According to Katz's lawsuit, Saucier and another MP grabbed him and escorted him to a military van and "violently threw" him inside. He was not hurt. Katz was taken to a military police station and briefly detained. He was released without being charged with violating any law or regulation. A federal trial judge and the 9th U.S. Circuit Court of Appeals refused to dismiss Katz's lawsuit before it reaches a jury, ruling that Saucier is not entitled to "qualified immunity" for allegedly violating Katz's Fourth Amendment protection against unreasonable seizures. The appeals court said the legal test for deciding whether the force used during an arrest was constitutionally proper is whether it was "reasonable" — precisely the same test for deciding whether an arrest without a court warrant was constitutionally valid. The Supreme Court last year agreed to resolve that issue but the case the justices had chosen was subsequently settled out of court. Justice Department lawyers said a half -dozen other federal appeals courts have ruled that the test for qualified immunity in such cases is not identical to the test of reasonableness. The government's appeal said the 9th Circuit court, by denying Saucier qualified immunity from Katz's claim, "in effect established a rule that law enforcement officers making an arrest may use no more force than absolutely necessary and, in many cases, may use no force at all." � �,12 I I,I1+00 10ZH �M Home News. T94ays_stortes First published. Thursday, November 30, 2000 Review board positions available Albany -- Outside investigators will aid scrutiny of complaints against police Albany Law School's Government Law Center is seeking people who have legal backgrounds or ctpci iencc in investigative work who are interested in being on a rotating panel of investigators for the cilv's new Citizens' Police Review Boaid. According to the legislation that created the board, its members can appoint an outside investigator in the case ofcomplaints that allege excessive use of force of civil rights violations by the police. In these cases, the investigaloi will observe the police Department's investigation liom start to finish and report back to the review board as well as the chief of police. 'fhe legislation calls fior the Government Law Center to maintain a panel of "certified investigators, attorneys, retired judges and the like" who must be approved by Mayor Jerry Jennings and the Common Council prior to their appointment. The investigators likely will be paid for their work. Applicants should send a letter of interest and a resume to Shanuaine Moseley, Government Law Center, Albany Law School, 80 New Scotland Ave., Albany, NY 12208_ Send this story to a friend A Return to Top i YY (( s a pp y E t a �t1 lB3a ..i Qycr$&h l 2001E Cupildl Nc'k'papcn Dicizlun of the I ICal I Corporation.. Ubanv, N.1 The inlb,,noIion c,,u remive onlino li om'I'Inr.. I-n on a proe'le I by the copmghl Lm, of Iha foiled SIaRs.'Ilie mpNrighl hi,, pnohlh,l :uro Copcing. rcdi.Grih'one, "Iwn'millmg. or npurIio'mg uh:mv auperiGhl-prole lad malenal. II W00aS9AN1