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Pierce writes: "The officers who bravely Tasered a seven-month pregnant woman into submission actually won themselves a split decision in the Ninth Circuit in which the court said they'd used excessive force but were immune from being sued. Even this wasn't enough for a couple of the justices."

The justices of the US Supreme Court, 10/08/11. (photo: Pablo Martinez Monsivais/AP)
The justices of the US Supreme Court, 10/08/11. (photo: Pablo Martinez Monsivais/AP)



Supreme Court and Tasers: A Horror Story

By Charles Pierce, Esquire Magazine

16 May 12

don't know why it is, but I don't really feel too sanguine about what will happen if a case regarding cops who tasered a pregnant woman gets to be heard in front of the current United States Supreme Court. Maybe laff-riot Tony Scalia once again will inaugurate Open Mic Nite at the Certiorari Chuckle Hut:

"Taser? I didn't even know her!"

This stuff kills, I tell you.

The facts on the ground seem horrid enough....

The case involves Malaika Brooks, who was seven months pregnant and driving her 11-year-old son to school in Seattle when she was pulled over for speeding. The police say she was going 32 miles per hour in a school zone; the speed limit was 20.�Ms. Brooks said she would accept a ticket but drew the line at signing it, which state law required at the time. Ms. Brooks thought, wrongly, that signing was an acknowledgment of guilt.�Refusing to sign was a crime, and the two officers on the scene summoned a sergeant, who instructed them to arrest Ms. Brooks. She would not get out of her car.

Def-Con 1!

The situation plainly called for bold action, and Officer Juan M. Ornelas met the challenge by brandishing a Taser and asking Ms. Brooks if she knew what it was.�She did not, but she told Officer Ornelas what she did know. "I have to go to the bathroom," she said. "I am pregnant. I'm less than 60 days from having my baby."�The three men assessed the situation and conferred. "Well, don't do it in her stomach," one said. "Do it in her thigh."

Question: is the shift of tone in this paragraph due to reportorial cluelessness, or some very sharp snark that somehow eluded the editors at the�Times? I'm inclined to believe the latter, but discuss amongst yourselves.

Officer Ornelas twisted Ms. Brooks's arm behind her back. A colleague, Officer Donald M. Jones, applied the Taser to Ms. Brooks's left thigh, causing her to cry out and honk the car's horn. A half-minute later, Officer Jones applied the Taser again, now to Ms. Brooks's left arm. He waited six seconds before pressing it into her neck.�Ms. Brooks fell over, and the officers dragged her into the street, laying her face down and cuffing her hands behind her back.

Bad as all that is, and it's past time for a national discussion of how militarized we want our local police to be, it only gets worse. The officers who bravely Tasered a seven-month pregnant woman into submission actually won themselves a split decision in the Ninth Circuit in which the court said they'd used excessive force but were immune from being sued. Even this wasn't enough for a couple of the justices.

Chief Judge Alex Kozinski dissented on the first point, saying Ms. Brooks had been "defiant" and "deaf to reason" and so had brought the incident upon herself.�As for the officers, he said: "They deserve our praise, not the opprobrium of being declared constitutional violators. The City of Seattle should award them commendations for grace under fire."�Another dissenter, Judge Barry G. Silverman, said "tasing was a humane way to force Brooks out of her car."

Amazingly enough, the cops have now appealed their victory to the Supreme Court, asking that the finding of excessive force be vacated because even that tepid reprimand "effectively strips officers of the authority to use any pain compliance technique to control an actively resisting arrestee." And what a shame that would be. In short order, the streets would be overrun with "defiant" pregnant ladies.

If the Supreme Court decides to hear this nonsense, one of the people to watch will be Justice Clarence Thomas, whose record on what should be allowed to happen to people in custody makes Torquemada look like Sister Helen Prejean. As I said, I am not optimistic here.

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+74 # Vardoz 2011-10-30 16:35
As many as possible should call the Obama hotline and their reps and DEMAND and end of brutality to peaceful unarmed protesters. Lets clog the lines! 202-456-1111. We have got to speak out against this behavior and also tell reps in those states if they don't do something about htis they will be OUT! If a Republican gets is there will be much more blood of innocent people spilled. Of that you can be sure!
 
 
+30 # jon 2011-10-30 20:56
If it were not for a bunch of protestors putting their lives on the line 30 and 40 years ago, he would certainly NOT be the President of the USA, today.

He should be reminded of this fact that he demonstrates that he has forgotten, through his ignoring the police state tactics going on during HIS watch.

SHAME on you Mr. President.

Signed,

One of your most ardent supporters since day one.
 
 
+5 # NanFan 2011-10-31 09:10
I just call the White House, got through immediately, and was treated with full respect.

I, too, encourage you to pick up your phones and call immediately to ask Mr. Obama to do the right thing, to ask him to speak out in favor of peaceful protests and against police brutality that has NO place in a democratic America.

The World is watching, and "WE cannot wait" for him to do the right thing. It must be now.

To President Obama, I beg you to do what you promised: be WITH the people, FOR the people, and be fearless about using your executive power to stop the madness NOW.

Sincerely,

Another of your most ardent supporters since day one.

N.
 
 
0 # NanFan 2011-10-31 09:12
P.S. Go to my article in "Writing for Godot" on this site, titled "The Truth: Will We Know It If We're Shown It."

In this article, this is exactly what I am addressing.

Thank you for your support.

N.
 
 
+7 # Adoregon 2011-10-31 12:35
The police are the low paid Praetorian guard for the elite. Think of them as well trained dobermans able to walk on their hind legs. They are tools.

The "cheating" by planting evidence and using infiltrators/ag ent provocateurs is SOP for U.S. government agencies.
Ask Native Americans.
Ask Iraqis.
Ask Afghans.

Do you actually think all IEDs are planted by Al Qaeda and Islamic extremists?

Realize we are confronting a collection of amoral sociopaths who will do anything to beat back genuine democracy.

Never forget the Kent State murders on 4 May 1970.
 
 
+29 # MidwestTom 2011-10-30 16:46
If Obama was an actual leader he would be attacking the bankers and the games they play rather than attacking the people trying to highlight the problem by protesting. Instead he has created the internal Army he promised when campaigning for the Presidency; people just did not realize that the Homeland Army he wanted was to control the citizens who opposed him and his Wall Street supporters. I am afraid that OWS has to get MUCH bigger be fore anything is done.
 
 
+20 # jon 2011-10-30 20:23
"Instead he has created the internal Army"

And the legal basis for this was the Patriot Act, which, you might recall, was brought to us George and Dick.
 
 
+7 # LML 2011-10-31 02:59
Quoting jon:
"Instead he has created the internal Army"

And the legal basis for this was the Patriot Act, which, you might recall, was brought to us George and Dick.


And? Your are saying that he had to keep it?
 
 
0 # KittatinyHawk 2011-10-31 08:33
I was wondering for the past years where these terrorists are. 800,000 are without power in NJ alone right now...what an opportune time again. funny how these terrorists are goo Media bs..but still have not seen them in how many of the disasters in USDA no less worldwide. Terrorists have some Morals to only kill when everything in safe. Civilized Terrorists and Murdering USA Politicians...t urn about, eh!
 
 
+44 # Barbara K 2011-10-30 16:53
It is truly an outrage that the police officers sworn to protect us would attack us. This has to end. We thought of police officers as our heroes. Not so much any more. To have injured a young Marine who served 2 tours in Iraq had a right to be safe on the American streets. Those doing their Constitutional right, have the right to be safe. Protect these marchers, they stand for the 99% of us, they are us.

NEVER VOTE REPUBLICAN
 
 
+10 # Glen 2011-10-31 06:03
One more time with feeling, Barbara: This is all happening under a democratic president and there are democrats in congress. There are democrats in local governments where these demonstrations are occurring.

It's all of them, Barbara.
 
 
+6 # Barbara K 2011-10-31 10:33
LoL, with feeling? I watch the Senate daily and see who is voting for us and who is voting against us. The Republican/teab aggers have vote NO on every single Bill that they couldn't just outright stop since Obama took office. I'm glad to see him going around Congress to at least get some things done. If it were not for the Rs, we would already be on the mend in this country. They have over 300 Bills blocked in the Senate. These Bills would have had us in a much better place by now, but they don't want it that way. They want to make this country and the economy as bad as they can make it and they don't give a crap what is happening to the citizens. They even refer to us as the "lesser ones" in their speeches. To them we are nothing unless we are millionaires. They are beholding to the devils who bought their seats.
( is that feeling enough? ) I can go on. I've been watching for a long time.
 
 
+1 # Glen 2011-10-31 13:29
This thread is speaking specifically about the demonstrations. Where are the democrats in protesting the behavior of the police? Where is either party?

As for congress, take a look back to the George W. administration. Review just how much the democrats handed to them. Most of what you see is entertainment, regardless. The show is directed by that 1% we're all protesting.
 
 
+1 # Barbara K 2011-10-31 17:13
Exactly, and why are they demonstrating? Read my post again, it has to do with why they are in the streets in re: to our Congress, it is just one reason, I know, but there it is in detail.
 
 
+1 # Glen 2011-11-01 11:51
My point is that how folks vote is not necessarily going to make any difference. The protests have nothing to do with congress per se, but those who run this country (and are running it into the ground) on Wall Street and related industry. These folks own congress, democrat and republican. As I said, democrats have willingly handed republicans most of what they have wanted.

What you see is not necessarily the reality.
 
 
+6 # rjbinky 2011-10-30 17:14
That's a Pieta' for our time, isn't it? It's a sobering article and a sad photo, and Vardoz's comments are quite relevant, but somewhere in that we all have to say "Forgive them, because they don't know what they're doing."
 
 
+28 # in deo veritas 2011-10-30 18:51
forgive-hell! That is up to God. What we have to do is remember! When we forgive we tend to forget and they do it to us again!
 
 
+25 # RagingLiberal 2011-10-30 22:03
No, RJ, these are Police. They DO know what they do. They are in our streets 24/7, more than most of us, they have seen the poverty, the suffering, the homelessness caused by our Corporatocracy, yet they CHOOSE to follow orders, even though they are attacking their own communities, their own neighbors and friends. They are sending them to ER's across the country, bleeding and broken, and rounding up stragglers to take to Jail. They KNOW what they do, and they do it anyway.
 
 
+6 # cdcl44@yahoo.com 2011-10-31 06:31
The time may come when police officers who have family and friends in the Occupancy will switch sides.
 
 
+5 # NanFan 2011-10-31 09:16
Quoting cdcl44@yahoo.com:
The time may come when police officers who have family and friends in the Occupancy will switch sides.


We can only hope that this will be the case, as no amount of "shame on you" seems to be doing the job.

N.
 
 
+12 # Timaloha 2011-10-30 18:01
Of course I detest and decry all forms of police abuse and brutality, but this quote is untrue: "Given that police originated in this country as the patterollers - hunters of escaped slaves - the role of police brutality as a form of social control becomes clear." For example, the Boston Police Department traces its origins to 1635, a time when the South's "peculiar institution" had yet to develop and escaped slaves were a non-issue.
 
 
+11 # in deo veritas 2011-10-30 18:54
Though they didn't originate that way that is what they were expected to be in any state after the new Fugitive Slave Law was passed in 1850. Some went along with it and many law officers in the North were not willing to enforce it. Of course even the courts went along with it when they learned fees were higher when the runaways were returned. Some have always had a price.
 
 
+7 # readerz 2011-10-30 20:49
Remember the documentary about the DeWolf family? Slavery in Bristol, R.I., was condoned by Thomas Jefferson; they did their research well, even though it was about their own family and it made them sick. There was slavery in the north, yes indeed, as the DeWolfs found out: it was the slaves that built all those quaint stone walls throughout New England. Slaves were never a "non-issue" in New England.
 
 
+1 # KittatinyHawk 2011-10-31 08:47
Point is what? There are slaves today...
Everyone knows there were slave in North than as the land expanded, slaves went with..south, NorthWest and Southwest.
And many were treated well, many were treated horrendously.
Thomas Jefferson and our Forefathers never said they had no Slaves or House Persons. It is in their memoirs. Many were trusted friends. It was with the growth did Power come and the Slaves treated poorly even killed.
Police didnot cause Slavery Merchants did. Bounty hunters were hired, local thugs to go bring back runaways. I do not remember North being quite so adamant as the South, or as cruel. But Slavery was wrong, and we can thank those Christians who believed those that were not of our color were Heathens and therefore, should be treated as such. Again not a Police Agenda. Police role had already started in Europe, most were to quell uprisings but upsurps, protect the well to do/Political some branched into security, money protection etc. We had the jolly constables most were Volunteer or Appointed in Colonies with Volunteers who later started Fire Brigades, Citizen Brigades etc. Crime was not so large, everyone knew each other. those who did something wrong was treated more with Puritan Cruelty and Mockery than enforcement as we know it.
 
 
-1 # Kootenay Coyote 2011-10-31 09:37
Timaloa, you think there were no slaves in 1635? Wrong.
 
 
+19 # rsnfan 2011-10-30 18:32
Maybe we need to vote to decrease police pay.
If they are part of the 1% they don't need any money.
 
 
+28 # dorianb@fuse.net 2011-10-30 18:56
Police brutaliy is never appropriate and not acceptable. The occupiers have a right to protest. Why doesn't President Obama or the state Governor put a stop to this violence now?
 
 
+15 # Abigail 2011-10-30 19:26
President Obama will never put a stop to the violence of the Police Departments. That would mean taking a stand, and President Obama never takes a stand. He just compromises his position away.
 
 
+16 # soularddave 2011-10-30 20:39
Agents provocateur are dangerous to any protest movement. They're essentially a false flag operation, and a media event. As the movement progresses, the stakes to the 1% go up, and the counteroffensiv e by the police will escalate.

Eventually they will resort to hurting one of their own, in order to change the game. Don't let this happen without photo or video evidence. Be quick to protect the evidence, and be ready to offer copies to the media, the courts, and to lawyers for the defense of those of us who will be arrested.
 
 
+4 # KittatinyHawk 2011-10-31 08:53
Trash from opposition always shows up and tries to undermine everything...th is is Historical Fact. That is why I warned months ago to watch the Wolves in Sheep Clothing. You say Peaceful and a band of thugs decide to take down the barricades..not good , undermines your whose plan. That is their intention some are cops who plant themselves, other Citizen Untied, TPEERS, GOP thugs.
Even Oakland I get different stories from my friends. supposedly Peaceful than a gorup start shoving the cops, that is not Peaceful.
I think reviews of all Brutality must be looked into, and then start seeing if the same faces in Oakland than went to Denver up to NY because they will, they are on someone's dime setting up to instigate and get publicity.
Take them out...put them in public shackles for what they are. But stay Peaceful, stay warm
 
 
+5 # Barbara K 2011-10-31 10:15
We were warned and I passed it along, a few months ago that the Koch Bastards were hiring teabaggers to go to these marches (started with the ones in Wisconsin) and to stir up trouble. That is most likely happening now too. We need to watch for them and kick them out immediately. Too bad we can't get rid of the Koch Bastards too, they may be quite comfortable at Guitmo, a a similar place.

NEVER VOTE REPUBLICAN !!
 
 
+11 # readerz 2011-10-30 20:46
Privately paid security guards, many of whom are off-duty cops, are never really off-duty. In some states, if something happens on private business property, but outside of a building, it is considered part of a private "driveway" or "parking lot," and not part of police jurisdiction, including: pedestrians at businesses being run-over by vehicles, or handicapped spaces far away from access doors. And these security forces are in place, on the payroll of business already, loyal to their paychecks. That is why the police aren't "getting it" that they, too, are part of the 99 percent. Non-violent protesters cannot buy such security forces; we would not be allowed to. Which leads me to wonder: why are these businesses allowed to hire security guards with police badges and guns?
 
 
+4 # KittatinyHawk 2011-10-31 08:55
Cops have regs about hours on job or doing part time work on same job. This is for mental health, fatigue etc. Perhaps a good look, pictures and get names have this reviewed. Many of these types have problems already. Racial, Spouse abuse, sprawlers, drunk driving. Profile them.
 
 
+5 # lamancha 2011-10-31 01:49
Perhaps this is a pure flight of fantasy, but Pres. Obama needs to denounce police brutality in the national media and warn all police depts's in the U.S. that they risk harsh retribution and possible inervention by the Marines, National Guard or Army Corp. unless they remove their riot gear and stay far away from peaceful demonstrators exercising their 1st amendment rights. He must also warn all jurisdictons that engage in unlawful maiming and intimidation of the occupier movement that they face severe reprisals including dismissals & hefty fines up & down the lines of command. The nations police have evidently gone beserk, a police state imbroglio is all too evident and apparently, only our supreme commander can put a stop to it, since our cities mayors and police commissioners have failed to enforce 1st amendment rights, to condemn, enjoin, curtail & intervene with the rank & file
 
 
+5 # KittatinyHawk 2011-10-31 08:59
Yes he does since he seems to want us to think he has gotten rid of dictators/Kille rs in other Countries but here he is allowing us to be brutalized.
Nations we are no better than you, we are being watched daily, listened to, our accounts, lives are all being accounted for by Big Brother. We have Dictators in charge here and they want your Country, your riches, your Land....Do not believe OBama and the USA. We are not to be trusted. Nazis are alive and well here.
YOu see us destroying our water, our air, land. You see us killing our Animals. You see us poisoning towns. You see us selling our jobs overseas. We are Prisoners just like you. Democracy is a Dream. Nazis, Fascists are the Voice in our System not Democratic Ideals. We Kill anything, anyone for whatever reason the Man Tells us to. You are next, first your Leaders than You
 
 
+3 # Lute 2011-10-31 05:40
Don't expect action from a feckless Obama. He is owned by Wall Street and other vested interests. As Cornel West out of Princeton said: "He is a black mascot for Wall St." That -- coming from a black man -- is about as close as can be to "Obama is a House Negro for Wall St." Thus it is up to we the people to take back our rights. We will get no help -- none at all -- from the powers that be, including the feckless Obama.
But remember: We the People voted in all these cretinous, traitorous politicians, including feckless Obama, who is a slave working for Wall St.
 
 
+1 # KittatinyHawk 2011-10-31 09:01
I feel sorry for his children. Another confused generation whose role model says one thing and does the opposite while Mommy sits there and okays GE/Monsanto Chemicals on food.
 
 
+3 # fredboy 2011-10-31 07:00
Key lessons:
Most important, Scott Olsen is a man of courage and remarkable character. He and the other true OWS patriots remind us that such qualities still exist among us.
Second, yes, each OWS group will be infiltrated by "plants"--under cover cops, people trying to distort the message, and saboteurs. Stay true, know your colleagues, and identify the others.
Third, rubber bullets, tear gas, and batons are NOT "NON-LETHAL" as reported. All have been and can be lethal. In fact, many police and military are taught lethal applications. Believe me, if you teach safeguards to prevent death, many see this as direct lethal instruction.
Stay safe. Stay true. And begin framing your message.
 
 
+3 # Okieangels 2011-10-31 08:48
We have to remember it's not like this everywhere. Oklahoma City has a very small protest movement, but the police have been very polite. (And this, in a "red state.") The Albany police refused to make arrests.
 
 
+4 # Ellisdtripp 2011-10-31 09:08
To answer those who are asking why nothing is being done about this by the president, the answer is "because we are a police state and the President does not occupy the seat of power." I witnessed the anti-war demonstrations of the 60s/70s. One should always expect the police to crack skulls. To go to a demonstration without a helmet and a gas mask is naive. The state - which these days it a corporate oligarchy - can legally use violence against the people and does. There is no interest in anyone's first amendment rights on the part of our alleged government and elected officials. Wear protective gear. If they start beating you, fall to the ground and curl up in a ball to protect your torso wrapping your arms wrapped around your head. If you can position your back against something so they can't kick you in the kidneys, so much the better. Under no circumstances should we be violent toward the police. This would damage the legitimacy of what we are striving for. Document events with phone cams and put this before the entire world. Civil disobedience while wearing protective headgear is the best strategy.We cannot let these soulless blackhearted SOBs de-legitimize us because of violence on our part. Think Ghandi. Without violence on our part this can be a powerful movement.
 
 
+5 # KittatinyHawk 2011-10-31 09:09
Watch Out World the Powers to be in this Country are Playing Risk and they are coming after You.
They pretend to help you but they are giving you poisoned candy. Stop taking anything from American Business and their Partners. Your Land is goin to be their Land....
They kill you and your children, they kill us and our children with no food, no clean water, no housing, no jobs, no health care. They Poison our air, Our Water, Our Food, Our Bodies with disease.
they take our homes, our land, our rights.
They go in pretending to protect you, to help you, they pretend to give you money for rebuilding but they are buying you out.
One Day you will no longer be Iraq, Iran, Libya ... you will Be MonsantoLand, KochLand, GELand. Beware the Powers of the USA are playing with their Puppet Politicians to wipe you out just like your leaders. You will either work for them or die of some new disease, or dumping their chemicals, bad food seeds. Welcome to Democracy the New Wave
 
 
+3 # Barbara K 2011-10-31 10:26
You are so correct Kitantiny, we fight daily to protect our Earth and all her inhabitants, then the greedy bloodsuckers come along and destroy what we've spent decades protecting. The Republicans, (yes, I watch the Senate) have voted NO on every Bill they couldn't just outright block since Obama took office. That is no way to treat the American people, but they don't care. They just want to destroy Obama and they don't care how many of us they take down doing it. They would be perfectly happy to have us begging and dying in the streets. I have 2 great Senators in Michigan, but I really empathize with the states who have the rotten ones. Controlling the police is a local thing and that is where we need to focus. We've been recalling the teabagging Governor and 38 legislators in my county alone, other counties are doing recalls too. We are getting a royal screwing here in Michigan. Lansing is welcoming OWS, even put out Porta-Johns for them. I hope some more come to Lansing.
 

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