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Supreme Court reverses lower court on qualified immunity for Vermont police sergeant who arrested protester

Supreme Court reverses lower court on qualified immunity for Vermont police sergeant who arrested protester

The Supreme Court on Monday ruled that a Vermont state police sergeant is entitled to qualified immunity in a lawsuit brought by a protester who said she was injured when an officer used a wristlock to remove her from a sit-in at the state capitol. In an unsigned per curiam opinion, the court reversed the 2nd U.S. Circuit Court of Appeals in Zorn v. Linton, holding that existing precedent did not clearly establish that Sgt. Jacob Zorn’s specific conduct violated the Constitution.  “The Second Circuit held that Zorn was not entitled to qualified immunity,” read the majority ruling – with the three liberal justices dissenting – rejecting excess use of force arguments. “We reverse.” The justices said officers are generally shielded from civil liability unless prior case law put the unlawfulness of their actions “beyond debate.”  JUDGE RULES FEDERAL AGENTS MUST LIMIT TEAR GAS AT PROTESTS NEAR PORTLAND ICE BUILDING “Because the Second Circuit failed to identify a case where an officer taking similar actions in similar circumstances ‘was held to have violated’ the Constitution, Zorn was entitled to qualified immunity,” the ruling concluded.  “We grant his petition for writ of certiorari and reverse the judgment of the Second Circuit.” The case arose from a 2015 sit-in by healthcare protesters at the Vermont capitol on Gov. Peter Shumlin’s inauguration day. After the building closed, police moved to arrest demonstrators who refused to leave. According to the opinion, protester Shela Linton remained seated and linked arms with others.  Zorn warned her he would have to use force, then took her arm, placed it behind her back, applied pressure to her wrist and lifted her to her feet. Linton later sued, alleging physical and psychological injuries.  POSTAL SERVICE CAN’T BE SUED FOR INTENTIONALLY NOT DELIVERING MAIL, SUPREME COURT RULES IN 5-4 SPLIT The Supreme Court said the 2nd Circuit relied too heavily on its earlier decision in Amnesty America v. West Hartford, finding that case did not clearly establish that “using a routine wristlock to move a resistant protester after warning her, without more, violates the Constitution.”  On that basis, the justices concluded Zorn was entitled to qualified immunity and reversed the lower court. Justice Sonia Sotomayor dissented, joined by Justices Elena Kagan and Ketanji Brown Jackson. She argued the court had improperly stepped in with the “extraordinary remedy of a summary reversal” and said a jury could find the officer used excessive force against a nonviolent protester engaged in passive resistance. “A jury could find that Zorn violated Linton’s clearly established Fourth Amendment rights,” Sotomayor wrote in the signed dissent. “The majority today gives officers license to inflict gratuitous pain on a nonviolent protestor even where there is no threat to officer safety or any other reason to do so,” she concluded.  READ THE ORDER – APP USERS, CLICK HERE: “That is plainly inconsistent with the Fourth Amendment’s fundamental guarantee that officers may only use ‘the amount of force that is necessary’ under the circumstances,” Sotomayor wrote. “Therefore, I respectfully dissent.”

Trump orders War Dept to postpone strikes on Iranian energy sites, citing ‘productive’ talks to end war

Trump orders War Dept to postpone strikes on Iranian energy sites, citing ‘productive’ talks to end war

President Donald Trump, in an all-caps post early Monday morning, declared progress toward “resolution” of the war with Iran. “I AM PLEASED TO REPORT THAT THE UNITED STATES OF AMERICA, AND THE COUNTRY OF IRAN, HAVE HAD, OVER THE LAST TWO DAYS, VERY GOOD AND PRODUCTIVE CONVERSATIONS REGARDING A COMPLETE AND TOTAL RESOLUTION OF OUR HOSTILITIES IN THE MIDDLE EAST,” Trump wrote on Truth Social. “BASED ON THE TENOR AND TONE OF THESE IN DEPTH, DETAILED, AND CONSTRUCTIVE CONVERSATIONS, WHICH WILL CONTINUE THROUGHOUT THE WEEK, I HAVE INSTRUCTED THE DEPARTMENT OF WAR TO POSTPONE ANY AND ALL MILITARY STRIKES AGAINST IRANIAN POWER PLANTS AND ENERGY INFRASTRUCTURE FOR A FIVE DAY PERIOD, SUBJECT TO THE SUCCESS OF THE ONGOING MEETINGS AND DISCUSSIONS.” FOX Business’ Maria Bartiromo spoke with Trump shortly after the post, and Trump stressed, “Iran wants to make a deal badly.” Trump’s move followed a threat by Iran to attack Israel’s power plants and those supplying U.S. bases across the Gulf region if the U.S. targets Iran’s power network. IRAN CONTINUES FIRING MISSILES, DRONES AT NEIGHBORING STATES, WITH MULTIPLE INTERCEPTIONS REPORTED The post led to an immediate reaction in the oil futures market globally. Iranian state television is denying that any negotiations are underway, but Trump rejected that reporting to Bartiromo, saying peace envoys Steve Witkoff and Jared Kushner had spoken with their counterparts Sunday night.  The United Arab Emirates reported its air defenses were attempting to intercept new incoming Iranian fire Monday afternoon. Prior to Trump’s announcement, Iranian Foreign Minister Abbas Araghchi acknowledged talking by phone with his Turkish counterpart, Hakan Fidan. Turkey has been an intermediary before in negotiations between Tehran and Washington. SCHUMER KNOCKS TRUMP ON IRAN, PLAN TO SEND ICE TO AIRPORTS: ‘ASKING FOR TROUBLE’ Speaking in Parliament, Indian Prime Minister Narendra Modi on Monday compared the challenges caused by the war to those faced during the COVID-19 pandemic and said India needs to be equally prepared this time. Modi said the country’s power plants have adequate coal reserves and that all power supply systems are being closely monitored as summer approaches and demand rises. He said India’s fertilizer stocks remain sufficient. “This war is not in the interest of humanity,” Modi said. “India is encouraging all sides to end war peacefully.” Reuters and The Associated Press contributed to this report.

Dem Senate candidate in the hot seat after anti-meat comment resurfaces: ‘This will haunt him’

Dem Senate candidate in the hot seat after anti-meat comment resurfaces: ‘This will haunt him’

Senate candidate James Talarico, D-Texas, has been facing an intense online firestorm after a resurfaced video showed him calling on Texans to ditch meat to fight climate change. Republicans and conservative influencers have widely panned the remark as a potentially fatal blow to his Senate bid and suggested his anti-meat stance could dog him on the campaign trail.  “Democrats are trying to fool Texans into believing James Talarico isn’t some whacked out lib, but the clips keep coming,” Andrew Kolvet, Turning Point USA spokesman, wrote on X. “In 2022, Talarico, wearing a mask, scolded Texans about going meat-free (!!) to stop climate change. This is TEXAS. This will haunt him in the general.” “That just isn’t poor taste, it’s political poison,” Lawrence Jones said on “The Will Cain Show” on Thursday. Talarico, a three-term state legislator and self-described Presbyterian seminarian, is seeking to unseat Sen. John Cornyn, R-Texas, who is facing an insurgent primary challenge from Texas Attorney General Ken Paxton. Talarico defeated Rep. Jasmine Crockett, D-Texas, in a primary battle earlier this month. TALARICO REPORTEDLY KNEW COLBERT INTERVIEW WOULDN’T AIR ON TV BEFORE HE LEFT TO FILM IT Talarico’s anti-meat remarks stem from a speech he delivered in April 2022 to the Texas Humane Legislation Network, during which he said his re-election bid was a “non-meat” campaign. “We have, I think, heard more and more issues of animal welfare,” Talarico said while wearing a mask. “I think, not just because it’s the right thing to do and the moral thing to do, but also, it’s, as all of you know, necessary to fight climate change. It is now existential that we try to reduce our meat consumption and that we try to respect animals in all aspects of society.” “So, I am proud to say that our campaign has officially become a non-meat campaign,” Talarico continued. “So, we are only buying vegan products from our local vegan businesses.” Amid the backlash, the Talarico campaign blasted out a photo of the candidate wearing a Texas flag shirt and taking a large bite out of a turkey leg. “Official Statement from James Talarico on Vegan Accusations,” the campaign wrote. ‘OPEN BORDERS TRUMP-HATING RADICAL’: GOP UNLEASHES EARLY BLITZ ON TEXAS DEMOCRAT TALARICO Still, the hits against Talarico from Republicans over his anti-meat stance keep coming.  “Who wants to tell him that cattle is the #1 commodity in Texas?” the National Republican Senatorial Committee, Senate Republicans’ campaign arm, wrote on X. “Vote Republican this November. The steaks couldn’t be higher,” Cornyn wrote in response to the viral clip. Sen. Ted Cruz, R-Texas, also labeled Talarico a “freak” who wants to “ban BBQ.” Fox News Digital reached out to Talarico’s campaign for comment. Republicans have also spotlighted Talarico’s past remarks when discussing religion and transgender issues. In 2021, he claimed “God is non-binary” when debating a bill to ban men from women’s sports on the Texas House floor. Talarico doubled down on that statement during an interview with The Bulwark on Thursday, arguing it was “provocative” but theologically correct. In an interview with an Austin-based Fox affiliate in 2021, Talarico called concern over biological males in women’s sports a part of “far-right conspiracy theories.”  In 2023, when Talarico was asked on the “A Superbloom Podcast” about “something that you love, other than family and friends,” the candidate discussed “trans children.” Though Democrats have not won a Senate seat in Texas since the 1980s, Talarico is arguing that he is well-positioned to end that trend. His campaign published an internal poll on Friday showing him leading Cornyn and Paxton in head-to-head match-ups.