Supreme Court rejects appeal from Black Lives Matter leader held liable for violent attack on police officer

The Supreme Court on Monday rejected an appeal from a Black Lives Matter organizer who was held liable by a decrease court docket for a random protester’s attack on a police officer at a protest he organized.

In 2016, civil rights activist Deray Mckesson was sued by an unnamed Baton Rouge police officer — “John Doe” — for accidents he sustained throughout a protest.

Doe claimed that an unidentified third get together threw a “rock-like” object throughout the protest and hit him, knocking his tooth out and leaving him with a mind harm. The officer sued Mckesson on the idea that he “should have known” that the protest “would become violent as other similar riots had become violent.”  

“The pattern was set: out-of-state protesters representing BLM fly into a town, gather, block a highway, engage and entice police, loot, damage property, injure bystanders, injure police. By July 9, 2016, when McKesson organized the Baton Rouge protest/riot—he had no reason to expect a different outcome—police will be injured,” legal professionals for the officer wrote of their transient.

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The Supreme Court Monday rejected an appeal from a Black Lives Matter protest organizer held liable for a violent attack on a police officer. (Stanton Sharpe/SOPA Images/LightRocket by way of Getty Images)

The case has already gone a number of rounds in decrease courts. Most not too long ago, in June of final 12 months, the Fifth Circuit determined that the case might proceed as a result of Doe had efficiently alleged that Mckesson had “directed his own tortious activity” of making unreasonably harmful circumstances. The appeals court docket additionally stated he had “incited” violence by “organiz[ing] and direct[ing] a protest… such that it was likely that a violent confrontation with the police would result.”

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“Defund the Police” is painted on the road in Black Lives Matter Plaza close to the White House in Washington, D.C., U.S. (Stefani Reynolds/Bloomberg by way of Getty Images)

But legal professionals for the American Civil Liberties Union (ACLU) representing Mckesson argued that the claims towards him violate his First Amendment rights, and argued that the decrease court docket’s choice is “directly at odds” with Supreme Court precedent and “will chill classic First-Amendment-protected activity nationwide.”

On Monday, the Supreme Court determined to not take up his case. Justice Sonia Sotomayor issued a separate opinion respecting the court docket’s denial, however famous that it “expresses no view about the merits of Mckesson’s claim.”

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The U.S. Supreme Court is seen, Nov. 15, 2023, in Washington.  (AP Photo/Mariam Zuhaib, File)

She additionally instructed that the excessive court docket’s current choice in Counterman v. Colorado — which makes it harder to convict an individual of creating a violent menace — ought to affect how decrease courts deal with Mckesson’s case. 

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“Although the Fifth Circuit did not have the benefit of this Court’s recent decision in Counterman when it issued its opinion, the lower courts now do. I expect them to give full and fair consideration to arguments regarding Counterman’s impact in any future proceedings in this case,” Sotomayor stated. Monday.