9th Circuit rules former BART Officers can be sued for 2009 shooting.

Now this story looked rather routine at first. I skimmed over it then something nagged at me, so I came back and read it over again. Then once more, before it hit me, what was nagging at me. This isn't JUST suing the cop that shot the guy. This is suing the other cop that initiated the whole situation by detaining a group 'with no cause' according to the finding of the 9th Circuit. It also covers the sequence of events here in a way I hadn't quite heard it put before.

To make a bit more sense of this, I'm going to post segments a bit out of order to the article, as not everyone recalls who Oscar Grant was or what this story is about. It should come back pretty quick though. It was the center of near full blown riots.

"We are presented with the plaintiffs' account of facts in which one officer, Pirone, responded to a call regarding a misdemeanor scrape on a train - which concluded before he arrived - by pulling a weapon on a group of men who were standing around talking," Murguia added. "Pirone sought to intimidate the group, which he assumed may have been responsible for the fight. Pirone then sought out two of the men who walked away from him by pacing the platform and screaming profanities in his search for them. The men were all handcuffed and held overnight - but never charged with a crime - after another officer, Mehserle, shot and killed one among them."

These quotes are from the court record, by the way. I'm drawing from that for accuracy in terms of what is sworn to and a part of the public record, vs. what media reports and changes from one outlet to another.

Struggling as Pirone handcuffed him, Grant said he couldn't breathe. Meanwhile, Mehserle drew his gun and told Pirone to get out of the way.

"Puzzled by Mehserle's request, Pirone stood, allowing onlookers who were recording the scene to see Grant's hands resting visibly behind his back," the ruling states.

Mehserle pulled the trigger and shot Grant in the back. Grant said over and over again "You shot me," while Mehserle said "Oh, [expletive], I shot him," according to the ruling.

For some reason, I had thought the sequence of events was fast and with a great degree of almost (ALMOST) understandable confusion in the heat of the moment? Yet...he had time to draw, tell the other cop to move, watch the other cop rise and get clear...and then fire? Oh. Yeah, I don't know how I'd missed that when this first came out ...but that explains 2 years in State Prison ..and any mortal would have gotten 10x's that.

What has got my attention here, isn't that the trigger happy shooter is being sued. It's what relates to the events as told in the first quote above.

On Tuesday, the appellate panel agreed that the officers do not deserve immunity.

"We agree largely with the District Court that the officers should stand trial for the constitutional violations of which they are accused," Judge Mary Murguia wrote for the panel.

. . . .

The panel concluded, as did the District Court, that Pirone "had no lawful basis to detain the group initially."

Source: Courthouse News


As a side note and point of interest, one might check the Mainstream Media account of this same decision on the same case for the real difference in overall tone and context ...between one source pretty much dry-reporting the facts of another day in a courthouse, and a reporter trying to work the emotions of the audience. That alone is interesting, IMO.

Court Rules Oscar Grant's Father, Friends Can Sue Mehserle, BART Officers

They do report the same event. The end result of information delivered is precisely the same. The difference in purpose/method was so striking, I thought it warranted mention as well.

reply to post by Wrabbit2000


I hate pigs and this incident is the prime reason why. Charges with "protecting and serving" the public this pig outright murdered someone and basically gets away with it. Poor pig gets two years in prison, how is that even possible? I would be rotting in prison for the rest of my life if I had pulled something like this, at the very least, possibly have my life taken from me at worst, yet pigs have to suffer next to no consequences for their actions. I don't think I could be any more disgusted hearing that they had to go to court just to try and sue the pig, what kind of disconnect is that?

Recently, I have been arrested and now have to deal with all kinds of money making scams the state imposes on me, all for a damned thought crime nonetheless. The pig lied his ass off to the court, yet no one would ever believe my story because I'm just a lowly peon and he's a frikkin pig. The system has been broken for many years and I, truthfully, cannot wait to die so I can get out of this warped society where a pig is always right. Yet no one will do anything about any of this injustice, it will keep on rolling and just get worse. How anyone could ever trust a pig, let alone be one, is beyond my comprehension.

His life should have been forfeited simply because he was supposed to serve and protect(damned lies those words are). A murderer would normally get life in prison, minimum, yet he gets TWO YEARS!?!?!?!? I walk out my door and fear for my life, not from the general public, but because of out of control pigs. I see a pig and my heart rate goes through the roof, I start sweating and can only hope they will not bother me yet I know the day will come when a armed pig will arrest me for another thought crime and I will have to go through even more pain. I don't carry a gun, never owned one even, and cannot defend myself against a gang of "lawful" jackbooted thugs who could kill me and knowingly get away with it because they can just lie their way out of it.

I have been yelling, screaming, shouting about this type of injustice for years. Way before it got this bad, I was adamant in my beliefs that a police state was coming and we ALL should fear that, yet no one ever listens to me. I'm just a lowly peon so why should anyone pay any attention to me, right? Why should I get a job, so I can pay these jackbooted thugs salary? Why should I pay for a government that would rather imprison me than let me live my inconsequential life? Why try? The corporations don't have any regards for me as they won't pay me enough to live on and I then have to pay for the government to ruin my pitiful life?

They had to go to court just to get the right to sue this murdering bastard and I'm supposed to be happy they got that right? Yeah, whatever.