9th Circus: Officer Discretion is Racism.

Discussion in 'Cop Talk' started by SKSman57, Jan 14, 2010.

  1. SKSman57

    SKSman57

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    Well, they didn't actually say it like that, but if you read the facts, that's what the "court" is really saying.

    http://www.ca9.uscourts.gov/datastore/opinions/2010/01/12/08-16089.pdf

    We consider whether law enforcement officers who are
    accused of failing to investigate a crime or make an arrest due
    to the race of the victim and that of the perpetrator are entitled
    to qualified immunity.
    Facts
    We recite the facts as Ae Ja Park Elliott* alleges them in
    her complaint. Elliott, who is racially and ethnically Korean,
    was driving south along 16 Highway in Papago, Saipan. Norbert
    Duenas Babauta, who is racially and ethnically Micronesian,
    was driving north along the same highway when he sped
    through a turn, crossed onto oncoming traffic and crashed into
    Elliott’s car. Officer Manglona noticed the accident and
    approached. When Elliott asked him to call her husband, he
    shoved her inside her car and told her to shut up and calm
    down. Manglona then began conducting interviews of the witnesses,
    drivers and passengers. Officers Macaranas and Lang-
    don arrived shortly thereafter and spoke to both drivers. The
    officers are all racially and ethnically Micronesian.
    The three officers had cause to believe Babauta had been
    driving under the influence of alcohol: He was teetering and
    slurring his words, he reeked of alcohol and had bloodshot
    eyes, his truck bed was littered with empty beer cans and he
    told Manglona that he had “blacked out” while driving.
    Despite these obvious signs of intoxication, the officers didn’t
    administer field sobriety or blood alcohol tests, or otherwise
    investigate whether Babauta had been driving drunk. Nor did
    the officers charge him with a DUI or any other crime or
    infraction. Manglona also falsely stated in his accident report
    that Babauta “had not been drinking.”
    Dr. Thomas Austin, who examined Elliott and Babauta at
    the hospital, called DPS to complain after he learned that
    Babauta hadn’t been charged with a DUI. After this complaint,
    and perhaps some others, the Department of Public
    Safety (DPS) initiated an investigation, but the three officers
    conspired with others to obstruct the investigation and prevent
    prosecution of Babauta. Elliott claims the officers failed to
    investigate the crime or arrest Babauta because of racial animus
    against her as a Korean and in favor of Babauta as a
    Micronesian.
    On a motion to dismiss, the district court found that Elliott
    sufficiently alleged a 42 U.S.C. § 1983 equal protection claim
    and a 42 U.S.C. § 1985 conspiracy and obstruction of justice
    claim against the officers. The district court concluded the
    officers weren’t entitled to qualified immunity at the motion
    to dismiss stage. The officers bring this interlocutory appeal.
     
  2. trifecta

    trifecta

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    he reeked of alcohol

    Everybody use that on your next DWI.
     

  3. BleedNOrange

    BleedNOrange Go Vols

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    and dont forget to throw in the ever popular..."Had a strong odor of alcoholic beverage coming from his person"....
     
  4. jpa

    jpa CLM

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    Wow...when will the Micronesian vs Korean hate ever stop??? Clearly this is a problem the president needs to appoint a blue-ribbon panel to study, funded by stimulus funds no less. There is a pattern forming, as evidenced by this and the Hawaiian natives vs mainlanders thread. I read an arrest report the other day. Apparently a black woman scratched a taxi driver's face when the driver called her and her family "you people." Of course the driver was Ethiopian and had darker skin than the black family...but this is clearly a problem. :)
     
  5. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    Did they charge Elliot with DWK?

    Driving while Korean?
     
  6. p.d.

    p.d.

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    Man, this thread went down hill fast. :rofl:
     
  7. OLY-M4gery

    OLY-M4gery

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    Was the allegation of racism backed up by any evidence?

    How do we know they just aren't lazy? (the cops)
     
  8. razdog76

    razdog76 Heavy Mettle

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    Why does it seem like only the 9th makes all of the decisions?
     
  9. CAcop

    CAcop

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    No kidding. The real question to ask is how close to the end of their shift was it?
     
  10. EOD3

    EOD3

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    HOW DARE YOU!!! Suggesting a BLUE ribbon panel should investigate when there are obviously "color blind" panels, even in Saipan. :supergrin:
     
  11. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    When is the Beer Summit? The Koreans have some awesome beer!

    Try Hite or OB beer... very crisp and better than, dare I say... Coors, Bud, or Miller!
     
  12. ugly8604

    ugly8604

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    Where the hell is Saipan?
     
  13. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    In the Marianas, IIRC, Pacific Ocean. We fought the Japanese off that Island back in WW2. The locals were brainwashed by the Japanese to think the Americans were going to rape the women and eat their babies so they all committed mass suicide when the US finally liberated the island. Amazing what depths of depravity human minds can think up in wartime.
     
  14. Patchman

    Patchman Florist

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    Are they picking on his "manhood?" If given a choice, I'd rather be called a MACROnesian. Or even a MEGAnesian. :whistling:
     
  15. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    I prefer magnesium over manganese. Never liked the sound of that mineral or element or whatever it is.
     
  16. Hack

    Hack Crazy CO Gold Member

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    This is not the wish list thread, eh? Just sayin'.:whistling::supergrin:
     
  17. Patchman

    Patchman Florist

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    :embarassed:


    :rofl: :rofl:

    But if you repeat something often enough, people will believe it. Chant with me..."MEGAnesian, MEGAnesian, MEGAnesian..." Ooooh, I feel it already.