Trump supporters who were attacked at 2016 protests in San Jose can move forward with a lawsuit against the city’s police, the Ninth U.S. Circuit Court of Appeals ruled.
The court’s 3-0 decision on July 27 upheld a federal judge’s refusal to dismiss the lawsuit.
Judge Dorothy Nelson further highlighted the idea that police failed to adequately handle a fluid situation.
“The attendees allege the officers shepherded them into a violent crowd of protesters and actively prevented them from reaching safety,” she wrote. “The officers continued to implement this plan even while witnessing the violence firsthand.”
The June 2016 protests went viral on social media as citizens shared footage of eggs pelting one Trump supporter. Others were chased for wearing red “Make America Great Again” hats.
“The police directed all of the people leaving the event into an ongoing riot that was occurring with violent protesters armed with sticks and, you know, other implements,” lawyer and California RNC member Harmeet Dhillon told Fox News on Monday. “Several of my clients were hit with bags of rocks, sucker-punched, chased, had their clothes torn off, spit on, had eggs thrown at them. The clients in this case, or class of representatives, range from young teens to ladies in their seventies. It was quite an outrageous scene there that day.
“The police stood there and did nothing after barring the exits to safety,” Ms. Nelson added on behalf of 20 plaintiffs. “Under Ninth Circuit law, there’s what’s called the state-created danger doctrine. If you put people into danger, then the government is responsible for that.”
San Jose City attorney Richard Doyle said he planned to consult with the city council on a possible appeal, the San Francisco Chronicle reported.
• Douglas Ernst can be reached at dernst@washingtontimes.com.
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