AUSTIN, Texas (AP) - The U.S. Supreme Court on Monday rejected an appeal from a Houston man shot in the back by police during a traffic stop, prompting Justice Sonia Sotomayor to complain of a “disturbing trend” in how the high court deals with cases alleging police misconduct.
In a dissent, Sotomayor said the justices “have not hesitated” to reverse lower courts that rule against police officers in cases that involve claims of excessive force. But she said the court “rarely” intervenes when lower courts “wrongly” find that police are immune from charges of misconduct.
Her dissent, joined by Justice Ruth Bader Ginsburg, drew a response from Justice Samuel Alito, who insisted the court applies “uniform standards” when deciding to review all such cases.
Sotomayor has criticized the court before for siding with police in excessive force cases. In a 2015 dissent, she said the court was sanctioning a “’shoot first, think later’ approach to policing” when it sided with a Texas state trooper who fatally shot a man fleeing from police.
Her latest comments come as law enforcement agencies face increasing scrutiny over officer-involved shootings or use of deadly force incidents. The high court heard arguments last month in a Los Angeles case where sheriff’s deputies mistakenly shot a couple during their search for a wanted man.
The case on Monday began in 2010 when police said Ricardo Salazar-Limon resisted arrest during a stop for suspected drunken driving. Salazar-Limon walked away after a brief struggle and was ordered to stop. The officer said he saw Salazar-Limon turn and reach toward his waistband, and then shot him in the lower back. The injury left him partially paralyzed.
Salazar-Limon alleged the officer fired either immediately or just seconds before he turned around. He filed a claim of excessive force against the officer and the city of Houston.
A federal judge sided with the officer without sending the case to a jury. The judge said Salazar-Limon did not deny reaching for his waistband.
Sotomayor said the case should have been tried before a jury because there were still too many facts in dispute.
“Only Thompson and Salazar-Limon know what happened on that overpass on October 29, 2010,” Sotomayor said. “It is possible that Salazar-Limon did something that Thompson reasonably found threatening; it is also possible that Thompson shot an unarmed man in the back without justification. What is clear is that our legal system does not entrust the resolution of this dispute to a judge faced with competing affidavits.”
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STATE REFUGEE OFFICE
The Texas Senate has approved shuttering a state agency that had overseen a federal program resettling refugees in Texas - a symbolic move that comes months after Gov. Greg Abbott said the state would stop cooperating with the process.
Dallas Republican Sen. Don Huffines’ bill passed 20-10 on Monday. It now heads to the state House.
Last year, Abbott said Texas would stop helping the U.S. government provide aid and services to refugees, citing security concerns about people coming from countries like Syria. Refugees are still arriving in Texas, though, since the program is fully federally funded.
The Legislature nonetheless is moving to close Texas’ Office of Immigration and Refugee Affairs. Under questioning from critical Democrats, Huffines said the agency “was only a go-between” previously, making the move “completely symbolic.”
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TEXAS MUSIC MUSEUM
The state Senate has approved creating a Texas music museum slated to be built near the state Capitol.
The bill by Austin Democratic Sen. Kirk Watson passed Monday and creates a foundation overseeing the museum. It now heads to the House, where a similar measure by Fort Worth Republican Rep. Charlie Geren is awaiting a floor vote.
Watson said the museum won’t cost Texas money and will actually bring in revenue since the foundation will rent space for it from the state.
A plan revamping the state Capitol grounds, and nearby downtown Austin areas, includes erecting a building for a Texas music museum.
Watson said that, without it, guitars and other memorabilia from Texas legends like Willie Nelson and George Strait might go to museums in Nashville, Tennessee, or elsewhere.
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LOTTERY WINNER ANONYMITY
Lottery winners could soon stay incognito in the Lone Star State.
Texas’ House of Representatives approved by voice vote Monday legislation that would shield the identity of state lottery winners receiving prizes of at least $1 million.
Individuals could choose to remain anonymous and to prohibit the release of all personal information to the public under the bill, which now needs only a largely symbolic vote Tuesday to go to the state Senate.
It’s designed to protect lottery winners from unwanted attention, predatory acts, and media scrutiny, while still sharing key information with authorities for tax purposes.
Opponents warn the measure would reduce the Texas Lottery Commission’s transparency, leading to more skepticism about the process and possibly even hurting ticket sales.
At least six other states already have similar legislation.
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ON DECK
The House heads back to work at 10 a.m. on Tuesday but all eyes are already on the hotly contested anti-“sanctuary cities” bill which hits the floor the following day. The Senate’s next floor session starts at 11 a.m. Tuesday.
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QUOTE OF THE DAY
“That these cases are increasingly common makes it even more important for lower courts - confronted with such inconsistencies - to let the jury exercise its role as the arbiter of credibility disputes” - U.S. Supreme Court Justice Sonia Sotomayor, in her dissent of Monday’s decision on alleged excessive use of force by police.
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