In the last week, protesters in Minneapolis began putting up barricades to create checkpoints that bar federal immigration officers from entering certain neighborhoods. It is all too familiar to those of us who remember what the mayor in 2020 called “the Summer of Love” in Seattle and the establishment of an autonomous area known as the Capitol Hill Organized Protest (CHOP). Ironically, these barricades are being set up after a jury ruled against the City of Seattle for negligence after the killing of 16-year-old Antonio Mays Jr. in CHOP.
The self-declared anarchist enclave was originally called Capitol Hill Autonomous Zone (CHAZ) but was later renamed the Capitol Hill Occupied Protest (CHOP).
In 2020, we discussed the prospect of tortious liability for the city, which abandoned the Seattle Police Department (SPD) East Precinct to the mob and stood by as CHOP declared itself the sole authority in its seized area. As I noted in the column, “If Seattle gets chopped in court, it will be due not to a failure of government but to a failure to govern.”
Seattle-based ice cream company, Molly Moon’s Homemade Ice Cream, and other businesses sued the city.
While first supporting the autonomous zone as part of a “summer of love,” Democratic politicians like then-Mayor Jenny Durkan later distanced themselves from the massive damage and crime in the zone.
The Mays lawsuit included not only the city but former Seattle Police Chief Carmen Best and Seattle Fire Chief Harold Scoggins.
The jury awarded the Mays family more than $30 million in damages — $4 million to the estate of Mays Jr. and $26 million to Mays Sr., according to The Seattle Times.
Mays Jr. was visiting Seattle from San Diego when he went to the area to join the protests. He was later shot and the police failed to respond for five hours due to the limits on entry into CHOP. At that point, the crime scene was hopelessly corrupted.
Here is the complaint: Complaint Antonio Mays, Jr.
I would think that , as Antonio Mays Jr. joined the Protest in CHOP that he accepted the governing of this area by the protesters. I don’t know if it was ever alleged that he was shot by Anti-protesters in CHOP! The only culpability of the city was in the allowing the CHOP to be created. It seems to me that by joining CHOP, he accepted the risks that that involved!
. Lawful in order- Police, NG, Request help from President of the United States. Cooperation
Should governor Walz take notice?
. Sue Walz, collect, beat feet. May’s family went to? Rob and run. R&R
I believe I read Ashli Babbitt’s family was awarded $5M in a wrongful death suit, video evidence of a murder. How could this fksts family get $30M?
Because the government was not deemed at fault for Babbitt’s death. Multiple investigations found no fault on the government’s end. Plus Qualified immunity applies and further litigation would have increased costs for the Babbitt family. The Trump administration offered the $5 million settlement. The family took it.
Seattle involved a city government where state law applied. Apples and oranges.
Qulaified imminuty protects officers – not government.
Though I am not sure it would apply in the Babbit shooting.
Qualified immunity essentially means that the FIRST time that government actors violate your constitutional rights in a specific way,
The officers who did so are protected from liability because the courts had NOT previously found that particular conduct to be improper.
If there is a police shooting with similar circumstances to the Babbit shooting where the victims rights were violated but qualified immunity protexted the officer from liability – then qualified immunity would no longer apply.
While I would get rid of qualified immunity altogether. it is not a perfect sheild. SCOTS has made it broad but not impenetrable.
Qualified immunity applies to all government actors – federal state and local.
“Because the government was not deemed at fault for Babbitt’s death.”
Actually the investigation was crap.
“Multiple investigations found no fault on the government’s end.”
Nope. One or possibly two badly conducted investigations have found no liability on the officers end.
The babbit suit is the only challenge to the government.
“Plus Qualified immunity applies and further litigation would have increased costs for the Babbitt family.”
Qualified immunity MIGHT protect Byrd from a private lawsuit, it does NOT protect him from federal discipline or even prison.
Qulaified immunity doe NOT protect government.
“The Trump administration offered the $5 million settlement. The family took it.”
Less than they deserve. But actually high for a federal wrongful death settlement.
“Seattle involved a city government where state law applied.”
Wrongful death is a tort. Tort law is pretty universal – it is part of common law – which the US constitution requires EVERYWHERE.
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The ICE officers who shot Alex Pretti must use the same defense as Michael Byrd, who shot Ashli Babbitt.
That is the “Lethal Threat” defense.
Ashli Babbitt constituted a lethal threat to Michael “Chicken” Byrd and Congressmen, and Alex Pretti constituted a lethal threat to ICE officers.
Both shootings were justified by the “Lethal Threat” defense.
Pretti was armed while obstructing legislative enforcement and harassing the officers. Good was similarly situated, and took affirmative action to target the officers. Babbit was unarmed, escaping the riot, aborted while in a prone position.
5 mill will get you into Australia.