Friday, September 2, 2016
Immunity denied for Atlanta police who arrested reporter for failing to obey command they never gave
Article paywalled if you link to it from reddit. To view the full article use this google search link. It's currently the second article, titled Judge Won't Dismiss Reporter's Suit Against Atlanta Police.Direct link to The Daily Reporter for anyone with a subscription.Tl;dr: Police arrested a reporter at a protest for not leaving after a cop shoved him, what they call a 'non-verbal command' to leave. Police argued there was no way they could have known non-verbal commands and an arrest without probable cause was unconstitutional.It was a little too much bullshit for the court:But the judge said he was unable to conclude that police had probable cause to arrest Ruch, noting that he "never acted in a tumultuous manner towards any police officers, did not use any profanity or 'fighting words' and undertook no action to disobey a lawful command of a police officer."The judge also pointed out that city lawyers had admitted that the police orders Ruch allegedly disobeyed were never conveyed verbally. The city claimed that a police sergeant "communicated her order to [Ruch] by pushing him" which they said the reporter "clearly understood as he defiantly responded that 'Hey, I'm a reporter. I'm with the media. I'm with the media.'"Wrote [Judge]Cohen: "Defendants apparently fail to comprehend the difference between a reporter's plea for understanding with a 'defiant' action to some non-verbal 'command.'"
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