Supreme Court rejects appeal from Black Lives Matter leader held liable for violent attack on police officer

The Supreme Court connected Monday rejected an entreaty from a Black Lives Matter organizer who was held liable by a little tribunal for a random protester’s onslaught connected a constabulary serviceman astatine a protestation he organized.

In 2016, civilian authorities activistic Deray Mckesson was sued by an unnamed Baton Rouge constabulary serviceman — "John Doe" — for injuries he sustained during a protest.

Doe claimed that an unidentified 3rd statement threw a "rock-like" entity during the protestation and deed him, knocking his teeth retired and leaving him pinch a encephalon injury. The serviceman sued Mckesson connected nan mentation that he "should person known" that nan protestation "would go convulsive arsenic different akin riots had go violent."  

"The shape was set: out-of-state protesters representing BLM alert into a town, gather, artifact a highway, prosecute and entice police, loot, harm property, injure bystanders, injure police. By July 9, 2016, erstwhile McKesson organized nan Baton Rouge protest/riot—he had nary logic to expect a different outcome—police will beryllium injured," lawyers for nan serviceman wrote successful their brief.

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The Supreme Court Monday rejected an entreaty from a Black Lives Matter protestation organizer held liable for a convulsive onslaught connected a constabulary officer. (Stanton Sharpe/SOPA Images/LightRocket via Getty Images)

The lawsuit has already gone respective rounds successful little courts. Most recently, successful June of past year, nan Fifth Circuit decided that nan lawsuit could proceed because Doe had successfully alleged that Mckesson had "directed his ain tortious activity" of creating unreasonably vulnerable conditions. The appeals tribunal besides said he had "incited" unit by "organiz[ing] and direct[ing] a protest… specified that it was apt that a convulsive confrontation pinch nan constabulary would result."

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"Defund nan Police" is painted connected nan thoroughfare successful Black Lives Matter Plaza adjacent nan White House successful Washington, D.C., U.S. (Stefani Reynolds/Bloomberg via Getty Images)

But lawyers for nan American Civil Liberties Union (ACLU) representing Mckesson based on that nan claims against him break his First Amendment rights, and based on that nan little court’s determination is "directly astatine odds" pinch Supreme Court precedent and "will chill classical First-Amendment-protected activity nationwide."

On Monday, nan Supreme Court decided not to return up his case. Justice Sonia Sotomayor issued a abstracted sentiment respecting nan court’s denial, but noted that it "expresses nary position astir nan merits of Mckesson’s claim."

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The U.S. Supreme Court is seen, Nov. 15, 2023, successful Washington.  (AP Photo/Mariam Zuhaib, File)

She besides suggested that nan precocious court’s caller determination successful Counterman v. Colorado — which makes it more difficult to convict a personification of making a convulsive threat — should power really little courts dainty Mckesson’s case. 

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"Although nan Fifth Circuit did not person nan use of this Court’s caller determination successful Counterman when it issued its opinion, nan little courts now do. I expect them to springiness afloat and adjacent information to arguments regarding Counterman’s effect successful immoderate early proceedings successful this case," Sotomayor said. Monday.