[Ed. – As the allegations in the case make clear, this wasn’t just about whether the police tried to hold back violent protesters. The police are accused of actively funneling the Trump supporters into a mob, and then standing by while they were attacked. Even the biased 9th Circuit can see it.]
An appeals court on Friday said Donald Trump supporters can move ahead with a lawsuit claiming San Jose police forced them to walk from a 2016 campaign rally into a mob of violent protesters who assaulted them while the officers stood by.
The city had argued the case should be dismissed because the officers enjoy “qualified immunity” from liability in doing their jobs.
But a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a district court ruling last year in favor of more than a dozen rally attendees who alleged the officers violated their civil rights.
“We find the officers violated clearly established rights and are not entitled to qualified immunity at this stage of the proceedings,” said the opinion by Judge Dorothy W. Nelson, joined by judges Andrew J. Kleinfeld and William A. Fletcher.