Young Attorney Destroys Cops Qualified Immunity in 9th Circuit US Court of Appeals
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The officer thought she was too young to drink alcohol, but old enough to slam her head into a tree. Makes no sense. End qualified immunity!
He thought there was a domestic violence incident, so he went and injured the woman. 🤦🏽♀️
That was my thought, too!
What if she was a minor?
Was a verbal argument or a physical one? Was it slapping on the arm or full on purse. Mine isn't as good as yalls. But we don't know if he even saw physical contact. It isn't even hardly implied. It sounded more like potential domestic abuse.
"22 at the time"
older i get, the younger they look to me. i'd be carding her on any purchase, even if i saw her everyday.
last time i was speaking to someone that age, i was more interested her mom. who is 1 year younger than me.
although a 23 YO is 5' nothing and weighs 90 pounds, i could have some fun with that.
but i sure as hell would not like hearing her speak. the age gap is just way too much.
@@grandturtle2786I highly doubt it was anything but verbal dispute. The defense would have said something about it. Probably try to put the injuries on her significant other.
It sickens me that my tax money is used to defend these police officers while the victims of the police have to mortgage their home to pay for a lawyer to get justice!!!
And the victim's justice is not holding the cops accountable for shoving her face in a palm tree and injuring her but to get some compensation in the form of money.
Still believe this is a free country?
❤❤❤❤❤❤❤❤❤❤
This.
US law is bs
Cop’s lawyer blaming the victim for her injuries. Unbelievable
She looked young so he can hurt her? That’s the legal 💡? So if she’s a minor he can hurt her.
Typical sociopath
Yeah, I bet the cops wife just happened to walk into the door. That’s how she got the black eye. Clumsy lady.
Obviously, she launched herself into the tree so she could sue the cop. All she had to do was follow orders, even unlawful ones.
"Yes, my client assaulted the victim. *But did you see what the victim was wearing?"*
False charges should always take away qualified immunity.
Excessive force? I would say the officer was being ‘punitive’ and wanted to hurt her.
fk u dont say .......du
As stated, the cop shoved her against the palm tree and bloodied her face because HE PINCHED HIS OWN FINGERS, ineptly trying to handcuff her! That clearly sounds like he was viciously retaliating against her, and meant to do her harm.
There’s no way in hell that a cop would ever get away with that in MY COURTROOM!
Qualified Immunity DENIED!
Most do
Yes.
@@twoblacklabs904 Please, yes.
Over two (2) years they fought this!!! What a disgrace.
Two years is nothing, four to five years is a quite common time frame for resolution.
Tax payer money straight down the toilet
civil rights lawyer has a video on there that they have been fighting for 10 year.
This argument used by the state to justify this excessive force is the reason why law enforcement officers continue in their misbehavior toward the public.
It hilarious how he tried to put the actions of the officer in the best possible light. He tried his best... But as the old saying goes, "you can't make a silk purse out of a sow's ear".
@@lupemontoya5896 I have not heard that in years but the point is well taken.
@@lupemontoya5896 Similar to polishing a turd
With impunity. Yes.
@@lupemontoya5896well said!
If she wasn’t under arrest, why was force used and if no crime had been committed, why is she being forced to comply?
No crime is committed until the courts say so - that is the key to any interaction wit the police in our innocent until proven guilty court system. Compliance with police is necessary for public safety in all situations- the issue is if excessive force was being used - not the fact that force was used- kind of like killing a bird with a bazooka - it was way beyond any reasonable need for the situation.
Because cops think it’s there right
Graham factors. The alleged crime committed was nearly non existent. An administrative crime at best. Therefore no force was even justified
Until individual officers start facing the repercussions of their actions and attitudes this will never change.
They can all too often claim that the force they exert is trivial force versus non-trivial force or what is commonly referred to as "excessive force". Good lawyering can eviscerate such a specious claim.
Exactly - this is not the behavior of somebody who is worried about being held personally accountable for their actions.
I think 4 states ended qualified immunity. May that continue.
@@ianbattles7290it really makes my blood boil to hear these three old judges making excuses for this cops brutal assault on this young lady.
The one old judge actually said if the defense had gone to a jury he would have surely won using the qualified immunity doctrine excuse...wow!!!
@@gabehayes1833 Amen!
Retaliation for not respecting cop authority enough. Pure 100% assault
The young man is on the right track of civil rights! We the people need more and more civil rights lawyers!
Honest Civil Rights Lawyers!!
@@jessjmanns nice sentiment but unreasonable. People have jobs and families and housholds to run we cant all study case law and practice speaking to the proficiency of someone like the young attorney in the video. I guess a man can dream but in the meantime we need alot of civil rights attorneys.
@@jessjmannswhere do we learn? I don’t have money for law school. I’ve been looking online and it’s a bunch of the same crap. Where is there a structured course or some kind of blueprint of what books and what to study???
The single charge of failure to identify is why they lost on the qualified immunity. It proves there was no reason for arrest.
Yes... and no.
It doesn't matter, they would have found another reason for qualified immunity. Besides that, the girl will take it to a civil lawsuit and get some big bucks from the cops and the city.
Victim blaming is the oldest tactic in the book for any abuser.
"Look what you made me do to you." - said every abuser ever
All cops are abusers, less than .01% know the constitution. A less than 45min read.
@@ianbattles7290
"All you had to do is comply!"
1:50 "The police wanted to make sure there was no violence in the area UNLESS they were involved."
Hilarious!!!!!
Best comment on this thread! 🤣
That young attorney has a bright future. Yes, I hope he continues to be an honorable person.
He is an aspiring villain, as he clearly is already in law school.
@@Tijuanabillplease don’t be like that. I hope to enter law school and ultimately become licensed myself, and my only goal is to help protect the rights of the citizenry. As someone who has been a pawn in the system myself, we should embrace and applaud young people who want to protect the Constitution and our rights.
@@tRicky531i look at an attorney as a higher educated individual who's job it is to win their case, drop the virtuous bs, a prosecutor prosecutes and convicts innocent as well as guilty, defense attorneys defend guilty as well as innocent clients, its the core of how our legal system is set up, im not saying your a bad person either way but no lawyers only stand for good or bad, your conviction record decides how much you make and what clients you represent, and your having a lower conviction rate as a defense attorney decides how much you make and who you represent
B@@RougaRouKJunyour thought process is flaud in my opinion a lawyer judge or any person should search for truth and justice regardless of what side your on
It has nothing to do with being honorable. The law student got an opportunity to defend a case in front of the 9th circuit and he took it. I'm sure he would have did the same if the government had asked him to defend the cop's qualified immunity.
This young man is getting ready to be the top lawyer/trial lawyer in California and where ever else he may go. Thank you for this one kid
Why do we have to keep paying for these cops fighting to keep their qualified immunity?
Yeah we paying the city attorney to give a retarded defense of his client. Talk about wasting money, just settle you lost the first time. Wasting everyone’s time.
Because the people do not know how to bring the law suit properly.
@@freegee3503well its more like the communities and municipalities won't refuse to use their budget money for crooked cops. I'm pretty sure if city council and officials refuse to use pay for or facilitate guilty cops it would stop.
And the settlements that makes sure the city and police take no responsibility behind a non disclose nobody knows what is spent or why
Because you're electing the people that allows this to go on.
Keep fighting the good fight kid lawyer! Excellent job!
This is a prime example of a good lawyer versus a scumbag lawyer.
They generally have lawyers that the department uses, so yeah... he's there for them, but not generally the greatest lawyers.
New school vs old school. It's a transition that hopefully ends on the good side.
I love when these channels show court cases and depoditions so We can get a ckearer understanding to understand our limits , rights and legal recourse and to what level thing must legally be for standing !!
What makes him a scumbag lawyer? Why do folks think that if someone they believe is guilty, the lawyer that defends their constitutional rights to due process is a scumbag? This attorney has a job to do and an oath to uphold. Should he not do his job and violate his oath because YOU don’t like his client? Really?
@@grandturtle2786what is the old school; defend your client? What is the new school; don’t defend your client?
If that’s the case, I personally prefer the old school, the one that is mentioned in the Constitution; 6A.
I wonder how the city attorney would feel if it was his daughter being attacked by a rogue cop?
Properly educated and trained police dont need qualified immunity
Good point.
If they properly practice their training.
Being Human would help.
We managed to have police without QI until 1967 and it was fairly rarely invoked until the 2000's. So it's certainly not some historical and pivotal pillar of policing.
High school students graduate all the time without being properly educated. That cop was probably one of those students.
The middle judge is looking like you had better have something good cuz that qualified immunity is about to go out the window
*proceeds with* “Uhh uhhhh umm, your honor, ummm uhh.”
Seems to me that qualified immunity is something a SOVEREIGN individual would have. Never heard of a "sovereign citizen" that has that "privilege". What a circus.
Simple. You cannot be sovereign, and a citizen at the same time.
I would agree. A "sovereign citizen" is an oxymoron. Being a "citizen" means you serve another. They get their rights from another such as a government - civil rights. A sovereign does not. A sovereign is not subject to another.
@@darylw792 Exactly, hence the quotation marks. This "sovereign citizen" narrative is just another euphemistic cudgel to normal people with critical thinking skills that are tired of being the only ones beneath "legal" law. It's stupid.
@@SonoraSlinger Notice I didn't put sovereign individual in quotation marks 👀
I'm pretty the intent of adding citizen to the Sovereign nomer is meant to affirm the individual meets the requirements of regular citizens to reside/operate in the area & therefore should be afforded the same rights as regular citizens. The question of whether Qualified Immunity should be applicable to a Sovereign is valid since the intent of sovereignty is not to be ruled or subject to the laws applied to most citizens. Which there's no expectation they would be aware of laws or restrictions that govern regular citizens. 🤯
I love the judge on the right! Precedent can not be set without a trial!
cop goes to help woman from domestic violence then proceeds to shove her face on palm tree...sounds about right.
He was showing her partner how to do abuse the right way.
“She could’ve been a minor.” -officer’s defense
It's crazy and will never change. This judge is on point saying the force applied was unwarranted and the prosecutor is clearly looking for justification for the officer using it. Total waste of time!! It'll only get worse.
Sounds like our heroes once again came to the rescue of someone not asking for help.
Exactly ,the false heroes of the blue line gang.
Don’t call them heroes they are tyrants. Hero’s wear dog tags not badges.
Protected and served her right into the hospital. Good thing they were worried about the potential for DV.
Pig man and donut boy to the rescue
For a third year Law student, that young man is totally kickass. He will have a very successful career and may even do some good in the world.
my question is why would anyone defend an officer who inflicts pain and damages upon another person? That city attorney has to have absolutely no morals. How could you think that what that officer did was okay?
It’s his right to an attorney. The prosecutor should’ve dropped the charges
End qualified immunity.
Funny how personal accountability is so important for everyone in society, *except cops...*
Brandon is bet my life that if qualified immunity ends tomorrow, the whole force resign within two days.
@@LuvvamanwayneIf they can’t do the job without it they shouldn’t be doing it at all.
@@ianbattles7290Because pig unions are POWERFUL.
Who would go into policing if they have no qualified immunity?
And do you not understand the word “qualified”? It means they can’t do whatever they want.
The cop said he thought she was under age to drink alcohol. So that kind of force is acceptable to use on a minor?
Cop: Sir, you can't beat your girlfriend. That's our job!
sadly accurate
😂😂😂😂❤
😂😂😂😂😂 practical examples huh 😂😂😂😂
More attorneys like this young man are needed to protect we the people
This young Law Student is a very impressive young man...he OWNED this Case!
Third year law STUDENT! Brilliant! This kid has a bright future.
That young attorney was outstanding, I’m sure his parents are proud of him.
"They wanted to make sure there was no violence in the area, unless they were involved."
Priceless!!😊
This wasn’t a split second decision situation. She wasn’t fighting him nor running away from him. He had all the time in the world and turned a regular encounter into a situation that didn’t even need to happen.
If you listen it was stated the cop slammed her into the tree after pinching his hand while handcuffing her. So it was both... He was looking for a good reason long thought out and pre-planned. Yet instintainious when the coward had to hurt himself in order to injure her.
The lawsuits need to go on the police union not on the citizens of any city.
All cases about whether or not to allow qualified immunity are unfortunate, because there should never be any qualified immunity to begin with. The law should never protect evil.
The issue wouldn't even come up if the people would bring the law suit properly.
@@freegee3503
How does one do that?
@@philosophyforum4668 Establish your whole case first with a series of notices. When the notices are not rebutted properly you then have what is called a default. This is what is known as administrative process or administrative remedy. After achieving the default the process is filed with the court to obtain a default judgment. Not the opposing party cannot argue the case and you win. Obviously there are many details but that is the basic outline.
@@freegee3503
Cool - Make a video on it and explain the details. If it works, it will catch on. Then you'll be responsible for freeing a generation of Americans from a growing police state.
The law doesnt protect evil, the courts do. Qualified immunity is not absolute, it has limitations. The issue is that courts rule in favor of qualified immunity in cases where that shouldnt happen.
Lawyer arguing they didn't beat her up bad enough to be held accountable. SMFH
How are cops supposed to protect us if they're not allowed to injure us?
I'll bite, how?
@@phiddlephart7026 pretty sure that’s sarcasm
The Supreme Court ruled recently that police don't have to protect us.
The police have no obligation to protect the public as stated by SCOTUS.
@@stevesand8845 sarcasm my ass, qualified immunity should have never been invoked in the first place!!!
This young law student is absolutely brilliant. Fantastic preparation and readiness with all the case law to back his position. Great research. He absolutely buried the other attorney.
As a member of the Appeals Bureau (now Division) of the Manhattan DA’s Office, and an appellate advocate in private practice later, this kid was very good. He knows already that one does not simply reply to a question from the bench, but replies in such a way that allows him to re-direct the argument in the direction he wants it to go. Verbal jiujitsu, very well done.
How was there pc here based on more than a mere hunch someone looks young and her eyes were bloodshot thats a hunch he never claimed to smell it millions of people look young theres thousands of reasons for bloodshot eyes especially crying while in an obvious argument. There's no way she looked young and has bloodshot eyes from across the street in the dark. Terry v ohio gives police way too much room to make shit up and has to be overturned it has been used millions of times by corrupt thugs to circumvent the 4th amendment. They have case lawed our rights away little by little until there is major loopholes for every right we have.
The fact that the judges are literally tearing apart this guy like damn
Unbelievable how corrupt that DA is how dare he defending this kind of coward criminals.
I don't agree with what the cop did, but everyone is entitled to a defense.
The cop's attorney wasn't a DA (prosecutor). He was a litigation attorney for the City. DA's prosecute criminal matters. This city attorney litigates civil matters on behalf of the city (and its employees). The young lady bringing the excessive force suit and requesting the officer be stripped of his qualified immunity is paying out of her pocket. The officer is being defended by the City, using taxpayer dollars to fund said defense. I think cop's should personally be required to carry a professional liability insurance policy to cover these types of defenses. After all, the prevailing party has the right to request reimbursement of costs and atty fees from the losing party.
It is his job. We all need to respect that. 😊
You don't get to pick the cases you're most likely to win.
The lawyer for the city (the evil cop) had to advocate/justify the cops behavior, whether he believed him or not. That is his job. Attorneys advocate for their clients whether they agree with them or not. Please remember that.
What crime is "Standing in the medium?" She was not charged with any crime to have to give ID in the first place.
If there was no evidential crime at said time, there is no crime meaning she does not have to comply with any orders.. which should turn this into an assault charge against the officer..
Was absolutely no need, as well as no lawful authority to do so…
A gentleman I went to high school with is a member of the 9th Circuit Court of Appeals. I see him there. I can't comment on his role as a judge, but I can say that he was a good young man and friend when we were in school. He is VERY intelligent, and was quite well-behaved and well-spoken over 30 years ago.
How some of these lawyers sleep at night is beyond me……smh
Excellent young attorney. Succinct, knowledgeable and prepared. Thanks SJVT.
Bravo to the judges decision. 👏
Wow what a free country .. can’t even walk down the street arguing
The cop thought she was under age so he jumped at the change to abuse a child...
Because he thinks someone looks drunk and young they can abuse them? The fact he even stopped her is rediculous! These cops really have some sick power tripping problems. What is wrong with them? So because the cop thinks he's right, then it's ok, but if he does something bad thinking it's wrong, then it's bad? Poor girl sounds like her face is scarred for life! What a huge scumbag! He probably did that on purpose to teach her a lesson. Do what cops says or else! The cops should of left things alone. This sickens me! This lawyer is also a scumbag! Saying the cop did nothing wrong? So sick of how many scumbags are in power. Most people that seek power are the people that shouldn't have it! It's a good thing cops don't have to have an IQ. Just violent tendencies and obey blindly. If it weren't for that they wouldn't get the job. These judges are shredding this lawyer. Love it! Was there a video?
Agreed.
You can't teach someone who is really drunk. Have you ever tried?
@@phiddlephart7026What a moronic and uneducated question. Stop being a fool and embarrassing yourself.
Qualified immunity should, if ever, only be granted qualified people. Your honor I hereby rest my case.
Please People let's just say what it is a loophole that allows the desecration of the highest law in the land.
Qualified Stupidity must not stand 😢
"Qualified Stupidity" - I'll be using this. Thanks.
@@concernedcitizen1874 my friend thanks for the nod glad you enjoyed ✌️❤️🇨🇦❤💯
What a quote!
@@grandturtle2786 thank you so much my friend ✌️❤️🇨🇦🦅
Spoken so simple even a cop should understand
It boils down to is simple, contempt of cop gets your ass kicked.
My biggest concern is that the officers were investigating “domestic violence” without evidence, then expect to be excused for performing government violence when the officer pinched his own hand in the handcuffs. Where does the government derive its power to harm the public with impunity?
He was worried that someone else was going to get to possibly hurt her and cheat him out of doing it himself 😮😮
The lawyer repeatedly says that the lady victim failed to give police her ID, when the reality was she said she had no ID to give.
To be clear, the young law student didn't destroy the cop's qualified immunity, the facts did. He was fortunate to have excellent facts supporting his arguments. The lawyer for the cop wasn't so fortunate because he had a rights violating sack of crap for a client.
Right, how do you shove someone, and try to handcuff them at the same time? Retard alert!!!
The law student needed to know how to properly present the points and what points to present. The law student took the facts and destroyed the opposing party. 👍
Yeah, I almost feel bad for the cop's lawyer for being put in a position of having to defend the indefensible.
@@freegee3503 It's a safe bet he had a lot of help with that. If he were in a position of having to defend that cop, he would have looked like a fool. The facts make all the difference.
@@christopheraaron8299 Yes that is a very safe bet. 👍
Cop Protected Her By Violently Brutalizing and Criminally Kidnapping Her ! For Zero Crime Committed by Her !
Any injury isnt minor to victim
Mental injury is the won't part of it all and that's never fought over it has to be physical injury..
I think the judge on the left has had enough of everyone's nonsense.
Minimal force yet you look at an officer the wrong way you will get charges!
The kind officer got her away from a possible domestic abuse case and abused her himself. How thoughtful.
This is a damn good argument. This lawyer has a great future ahead of him.
That kid is going to go big and he's going to win lots of cases.
I love these appeals' court hearings. Even though sometimes they piss me off. This one is great.
Thank you when they stop defending these criminals they will stop
Prosecution should have to tell truth
In our adversarial system, government attorneys DO NOT have to tell the whole truth. They tell the biased version of events that demonstrates the outcome they are seeking. I do agree with your sentiment, but that isn't how our system is designed at a basic, philosophical level. The entire nature of the system would have to change, were government attorneys to be mandated to present the whole truth. It is their job to prosecute, not to seek or present the truth.
No man deserves being called your honor, come on people.
This attorney stating that the officer has to worry about the safety of the public. That’s not true. The courts have already ruled that it is not law-enforcement job to worry about our safety. Law-enforcement officers are trained in the Academy that their safety comes first ahead of the citizens. This is disgusting. Law-enforcement vehicles used to say to protect and serve that meant they were to protect and serve the citizens, but it is not true, because they have been told they do not have to protect us. The law enforcement officers of Uvalde, Texas took that to heart when they allowed children to be killed one by one as they cried over their phones to dispatch, saying help us help us and the law-enforcement officers hid behind closed doors around corners and outside and let them die.. We will never forget Uvalde, Texas, and the coward, law-enforcement officers that were supposed to protect those children.
The patrol cars of today should read, To Harass and Extort not To Protect and Serve. 🤣🪖🤣
Yeah the Supreme Court stated “no duty to act”
That is exactly right. Thanks for bringing that up.
The problem is they do not require officers to tell you, you are under arrest, before grabbing you. The natural reaction to being grabbed suddenly is to resist. Then the officer resorts to physical violence and you hear them yelling "stop resisting". My question is always "stop resisting WHAT?" Officers should never be allowed to put their hands on you until they have established and stated a lawful reason to do so, except for self-defense or stopping you from immediately hurting yourself or others.
First the cop has to have reasonable suspicion of a crime to do anymore than talk to someone. They attack for officer safety, that is unlawful.
Notice how officer safety always comes at the expense of citizen safety?
Reasonable articulable suspicion!
@@pauldeanda4985they are allowed to make that up after the fact
All I heard was "there's no law saying a cop can't slam someone's face into a tree so therefore he should be immune" with the judges going "yeah...no", you know that lawyer had trouble trying to figure out what to say from all that stuttering
I loved your comment "They [the two kops] wanted to make sure there was no violence unless they were involved".
Well done by the young attorney!!
Any unnecessary force should be considered "excessive force"!
End all qualified immunity
Why bodycams are a must and have to be on whole shift .lying cops lying
how many times do you see video footage fo missing, deleted and no where to be dound.
Police departments unfortunately can review and redact etc any and all body cam footage which should not be allowed. They show what they want you to see
"She's not id'ing so I'm going to get control of her physically". In other words, I'm going to punish her for asserting her rights. Detainment, by the facts asserted and not appealed in this case, was valid. However he asked for papers, which no law requires one to have papers. And as the facts asserted, she was not under arrest until after her face was smashed in, which occurred as punishment for defying the blue line gang member.
KEEP UP THE GOOD WORK YALL. We appreciate you and what you do!
This was an awesome video. A great education! That young lawyer did a wonderful job, and I pray he stays an honorable man of integrity!
End qualified immunity!
Here we go when a cop asks for an ID and gets denied even though ID is not required in this case as no crime has been committed nor looks like it was about to be committed. Ego takes over when a cop asks for something and gets denied. Glad he lost qualified immunity.
So the cop pinched his own finger then got mad and pushed her into the tree. And now he doesn't want to be held accountable and we have to pay for all his attorney fees and the lawsuit. Just to state a small idea. The police department should follow the law and policies,
High dollar cop union lawyer gets his head handed to him by third year law student. Details at 11 😂😂😂
It sounds to me like the judges were somewhat deturbed that the prosecutor could've taken this to trial and that he's wasting their time. Hats off to the defendants attorney. He is/will be a fantastic attorney. Awesome to see.
'they wanted to make sure no violence was taking place unless they were involved' has me dying LOL
So this is how comfortable they are with lying
BEST VIDEO ON THE INTERNET TODAY!! This knowledge will make my case! THIS KNOWLEDGE WILL TIP THE SCALES AGAINST THE CORRUPT COPS.
Shout-out to The College of William and Mary in Virginia and The Marshall Wythe School of Law, my alma mater, producing the best-educated lawyer since 1693!
I ❤ the center judge. “That’s what you gotta contend with”
That was a great young Lawyer, for sure he’s on the right side.
This is the type of video needed. It's educational and informative. Too bad the school system is failing our children and more than half won't be capable of understanding the value in this video. Props to you SJVT for continually trying to educate the public.
Thank you Brian, I appreciate that man.
Great video. Would like to see more court cases. The information they provide is valuable for all.
This young, soon to be, lawyer is good. Kudos to you for a well presented and articulated case.
I feel like if you have to even ask if this was excessive, then it’s probably excessive. Now we should look at any cop who said this was reasonable, because it’s been ruled it’s unreasonable and that cop is unreasonable. Their judgment should be questioned.