I'm sure the guy must have done something wrong!

[Rot 911]

I mean gee, the California cops really are there to protect and serve.

01-17)Supreme Court refuses to block suit against SF cops

15:32 PST SAN FRANCISCO -- The U.S. Supreme Court denied requests by San Francisco and police organizations today to block a lawsuit by the family of a man who was shot to death in the attic of an apartment that officers entered without a warrant.

The court, without comment, declined to review a March 2010 federal appeals court ruling allowing Asa Sullivan's mother and son to sue the San Francisco Police Department, alleging that the officers gained illegal entry into the apartment and then used excessive force.

Sullivan, 25, was killed by a barrage of gunfire in June 2006 in the dark attic of a Villas Parkmerced townhouse near Lake Merced.

Officers had entered the apartment based on a neighbor's report of suspected drug activity. After handcuffing one resident and finding a knife near him, they said, they found Sullivan in the attic.

During a 12-minute standoff, police said, Sullivan kept one hand concealed and told them to "kill me or I'll kill you." They said they opened fire after seeing Sullivan hold a dark object and make a sudden move with his arm.

The officers said they later found an eyeglass case under Sullivan's arm. But a lawyer for Sullivan's mother and 6-year-old son said one officer initially reported finding the case in the dead man's jacket pocket, and changed the story later to justify the shooting.

In a 2-1 ruling in May 2010, the Ninth U.S. Circuit Court of Appeals in San Francisco upheld a federal judge's refusal to dismiss the suit.

The court said there were factual disputes, which a jury should decide, about whether an emergency existed that justified officers' entry without a warrant, whether they had provoked a violent confrontation and whether they had reason to believe Sullivan posed a threat.

"Sullivan had not been accused of any crime," said Judge Procter Hug in the majority opinion. "He was not a threat to the public and could not escape. He had not initially caused this situation. He had not brandished a weapon, spoken of a weapon or threatened to use a weapon."

The city's lawyers urged the Supreme Court to dismiss the suit on two grounds: that the officers had acted reasonably, and that they had not violated any rights that were clearly established, the legal test for suits against police.

"No precedent existed to suggest that the officers could not fire their weapons when a suspect defied repeated orders to show his hands, threatened to kill officers, and suddenly raised his right hand as if to point a gun," Deputy City Attorney Peter Keith said in court papers.

Police organizations also argued for Supreme Court review.

The appeals court ruling "exposes thousands of California peace officers to high levels of danger when they are routinely forced to make split-second decisions" that now can be grounds for damages, said lawyers for the San Francisco Police Officers Association and statewide groups of police and local governments.

The case is Alvis vs. Espinosa, 11-84.

Read more: http://www.sfgate.com/cgi-bin/articl...#ixzz1jm3OF7vY

[sammyg2]

I'm sure the guy must have done something wrong!

So yer saying he was just hiding in the attic for fun?

[LakeCleElum]

Sounds like he wanted to die?

[techweenie]

Not sure what ordinance makes hiding in your attic a capital offense, but I guess if the guy had a fear of the police, well, they proved it was justified.

[AFC-911]

Originally Posted by Rot 911

During a 12-minute standoff, police said, Sullivan kept one hand concealed and told them to "kill me or I'll kill you." They said they opened fire after seeing Sullivan hold a dark object and make a sudden move with his arm.

Yeah, because this is how innocent people scared of the cops behave...

[aigel]

I am sure the attic has limited access. Just staff the door and wait the guy out. Or come back with a light? What's the rush getting in there? That force may need less SWAT and maybe a couple counselors / negotiators on staff.

G

[bivenator]

What does the dead guy have to say?

[Tobra]

This is pretty strong support for the never talk to the police or let them in your house argument.

[john70t]

Originally Posted by AFC-911

Yeah, because this is how innocent people scared of the cops behave...

Yes it is.

15 minutes beforehand, he was laughing and watching the rainbow colored goldfish swimming across the ceiling in synchroncity to the tune of "love, love me do" and wondering if he was ever going to come down from his high.

Then he was transported into the middle of a war zone(cough), with bombs, smoke and sirens while an army of one thousand metal robots tore off the walls and burst in for the purpose of tearing him arpart and eating his soul.

[Brando]

Innocent until proven guilty. Hell, skip all that and just execute on the spot.