The Supreme Court let stand a $4-million verdict against two Los Angeles County sheriff’s deputies who were searching for a fugitive and mistakenly shot an innocent homeless couple sleeping in a shed behind a Lancaster home.
The Supreme Court on Monday let stand a $4-million verdict against two Los Angeles County sheriff’s deputies who were searching for a fugitive and mistakenly shot an innocent homeless couple sleeping in a shed behind a Lancaster home.
They sued the deputies who shot them in 2010 and alleged violations of their constitutional rights against unreasonable searches and seizures and excessive use of force. The decision was a rejection of the so-called provocation rule that some lower courts, including the 9th Circuit, had used. Under that theory, police could be sued for violating a victim's constitutional rights if they provoked a confrontation that resulted in violence.last year and said the deputies were liable for having entered the private property without a search warrant and for having burst into the shed without announcing their presence.
“Among the reasons why the 4th Amendment erects a barrier to entry is that an officer might, due to a mistaken assessment of the threat, harm a person inside a residence,” he wrote last year. “Persons residing in a home may innocently hold kitchen knives, cellphones, toy guns or even real ones that could be mistakenly believed by the police to pose a threat…. Nothing about Mr.
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