Graham v. Conner is a fascist decision . Facially its happy face is smiling--no one was killed--but internally it is a ravening wolf. The intended victims of this carefully, camouflaged decision have been unarmed black males, killed by police power, primarily. The word fascist is used, because in American life, and history, racism is a form of fascism, whose dictator is the white supremacy.
http://dictionary.reference.com/browse/fascism
Factually, the case involves a black diabetic man, Graham, who rushed into a store for orange juice to relieve his "sugar," and left, as abruptly, due to the lengthy line or wait. A police office, Connor, observing his hurried entrance and exit from the store followed him. Graham, the diabetic man, was riding in a friend's car, when the cop stopped it. Explaining his diabetic exigency to the cop was most unavailing. Connor made them wait to see if anything criminal had occurred at the store.
Nothing criminal had occurred at the store. In the interim, Graham had circled his friend's car twice, add passed out on the curb. Back up arrived. Graham was roughed up, cops claiming he was drunk. Thrown into the police car head first, after being brutally handcuffed, he was also denied orange juice offered to him by a friend, which cops disallowed. He sustained a broken foot, and was finally taken home and released with ringing in his ears, bumps, cuts and bruises, and stress. He sued Connor and others claiming Fourteenth Amendment violations under 42 USC 1983, including the Charlotte, North Carolina police officers involved for the excessive force used against him by Connor, the cop, and cohorts.
A directed verdict in favor of the police was entered by the District Court at the conclusion of Graham's excessive force case . The Fourth Circuit Appeals Court affirmed the dismissal. The Supreme Court reversed and remanded, holding that the Fourth Amendment, and not the Fourteenth, affords the correct textual standard for analysis in such cases. It then went farther rendering a standard and test for analysis under the a Fourth Amendment that has brought much grief to blacks in mushrooming police brutality cases that I deem to be fascist.
While the Supreme Court reversal may have seemed favorable to Graham, in application it has been very harmful to victims of police brutality since it essentially immunizes the police from both criminal responsibility and from civil liability for their wrongs.
The "counterbalancing test" applied in Graham v. Connor is skewed from the get-go.https://en.m.wikipedia.org/wiki/Graham_v._Connor The Court balanced the right of the individual against "government intrusion ."
Missing is the societal interests embodied in the balance of the Constitution which are designed to check government excesses, especially bodily intrusions, upon individuals. Society embodies individual interests indivisibly and wholly; not the government which is, at best, society's agent; and at worse its oppressor and exploiter !
Tacitly, "sub rosa," the Court is saying that the governmental interest is the same as societal interest . This is not necessarily so, and is quite often untrue. The entire Constitution, Declaration of Independence, Emancipation Proclamation, statutory law, case law, and community custom, merely approximate the dynamic and ever-evolving societal interest in life, liberty, property, and the pursuit of happiness, all of which are God-given rights.
The Constitution is a manmade, national constraint and covenant on the governmental abuse of citizens--members of society--by the delegated powers pledged to it by society. These divine rights, from whence all power derives, being societally-invested in government are greater than government's static powers. The Supreme Court's terrible decision in Graham v. Connor, makes government powers dynamic and makes society power static, inverting the process on its head .
In 1989, in Graham v. Conner , the U. S. Supreme Court justified the use of deadly force by police officers whenever they perceived themselves in peril, when in the investigation or apprehension of any suspect. Though no deadly force was used against Graham, and need not have been brought up by the Court, it was setting a standard in future cases drawn of blood. Police could shoot to kill and get away with it under law!
This inherently subjective test must be assessed from the perspective of the officers present at the scene, the Court said, not by persons not present, whether police or not, whether experts or not. Thereby, the police became judge , jury, executioner, all rolled into one.
The court claimed that the dynamic fluidity of the rapidly evolving situation warranted the police disregard of Fourth Amendment (freedom from unreasonable search and seizure); Fourteenth Amendment (Due Process of law and Equal Protection of law); or Fifth a Amendment (Right against self-incrimination and presumption of innocence), protection of the suspects in preference to themselves! Enter the police state!
So while the police may be on the front lines and front pages, the real bugaboo is the U. S. Supreme Court and its fascist decision --no other less caustic word will work--in Graham v. Connor . https://supreme.justia.com/cases/federal/us/490/386/case.html#396
Saturday, August 22, 2015
FASCIST COURT DECISION FACILITATES POLICE BRUTALITY
FASCIST COURT DECISION FACILITATES POLICE BRUTALITY 
Graham v. Conner is a fascist decision . Facially its happy face is smiling--no one was killed--but internally it is a ravening wolf. The intended victims of this carefully, camouflaged decision have been unarmed black males, killed by police power, primarily. The word fascist is used, because in American life, and history, racism is a form of fascism, whose dictator is the white supremacy.
http://dictionary.reference.com/browse/fascism
Factually, the case involves a black diabetic man, Graham, who rushed into a store for orange juice to relieve his "sugar," and left, as abruptly, due to the lengthy line or wait. A police office, Connor, observing his hurried entrance and exit from the store followed him. Graham, the diabetic man, was riding in a friend's car, when the cop stopped it. Explaining his diabetic exigency to the cop was most unavailing. Connor made them wait to see if anything criminal had occurred at the store.
Nothing criminal had occurred at the store. In the interim, Graham had circled his friend's car twice, add passed out on the curb. Back up arrived. Graham was roughed up, cops claiming he was drunk. Thrown into the police car head first, after being brutally handcuffed, he was also denied orange juice offered to him by a friend, which cops disallowed. He sustained a broken foot, and was finally taken home and released with ringing in his ears, bumps, cuts and bruises, and stress. He sued Connor and others claiming Fourteenth Amendment violations under 42 USC 1983, including the Charlotte, North Carolina police officers involved for the excessive force used against him by Connor, the cop, and cohorts.
A directed verdict in favor of the police was entered by the District Court at the conclusion of Graham's excessive force case . The Fourth Circuit Appeals Court affirmed the dismissal. The Supreme Court reversed and remanded, holding that the Fourth Amendment, and not the Fourteenth, affords the correct textual standard for analysis in such cases. It then went farther rendering a standard and test for analysis under the a Fourth Amendment that has brought much grief to blacks in mushrooming police brutality cases that I deem to be fascist.
While the Supreme Court reversal may have seemed favorable to Graham, in application it has been very harmful to victims of police brutality since it essentially immunizes the police from both criminal responsibility and from civil liability for their wrongs.
The "counterbalancing test" applied in Graham v. Connor is skewed from the get-go.https://en.m.wikipedia.org/wiki/Graham_v._Connor The Court balanced the right of the individual against "government intrusion ."
Missing is the societal interests embodied in the balance of the Constitution which are designed to check government excesses, especially bodily intrusions, upon individuals. Society embodies individual interests indivisibly and wholly; not the government which is, at best, society's agent; and at worse its oppressor and exploiter !
Tacitly, "sub rosa," the Court is saying that the governmental interest is the same as societal interest . This is not necessarily so, and is quite often untrue. The entire Constitution, Declaration of Independence, Emancipation Proclamation, statutory law, case law, and community custom, merely approximate the dynamic and ever-evolving societal interest in life, liberty, property, and the pursuit of happiness, all of which are God-given rights.
The Constitution is a manmade, national constraint and covenant on the governmental abuse of citizens--members of society--by the delegated powers pledged to it by society. These divine rights, from whence all power derives, being societally-invested in government are greater than government's static powers. The Supreme Court's terrible decision in Graham v. Connor, makes government powers dynamic and makes society power static, inverting the process on its head .
In 1989, in Graham v. Conner , the U. S. Supreme Court justified the use of deadly force by police officers whenever they perceived themselves in peril, when in the investigation or apprehension of any suspect. Though no deadly force was used against Graham, and need not have been brought up by the Court, it was setting a standard in future cases drawn of blood. Police could shoot to kill and get away with it under law!
This inherently subjective test must be assessed from the perspective of the officers present at the scene, the Court said, not by persons not present, whether police or not, whether experts or not. Thereby, the police became judge , jury, executioner, all rolled into one.
The court claimed that the dynamic fluidity of the rapidly evolving situation warranted the police disregard of Fourth Amendment (freedom from unreasonable search and seizure); Fourteenth Amendment (Due Process of law and Equal Protection of law); or Fifth a Amendment (Right against self-incrimination and presumption of innocence), protection of the suspects in preference to themselves! Enter the police state!
So while the police may be on the front lines and front pages, the real bugaboo is the U. S. Supreme Court and its fascist decision --no other less caustic word will work--in Graham v. Connor . https://supreme.justia.com/cases/federal/us/490/386/case.html#396
Graham v. Conner is a fascist decision . Facially its happy face is smiling--no one was killed--but internally it is a ravening wolf. The intended victims of this carefully, camouflaged decision have been unarmed black males, killed by police power, primarily. The word fascist is used, because in American life, and history, racism is a form of fascism, whose dictator is the white supremacy.
http://dictionary.reference.com/browse/fascism
Factually, the case involves a black diabetic man, Graham, who rushed into a store for orange juice to relieve his "sugar," and left, as abruptly, due to the lengthy line or wait. A police office, Connor, observing his hurried entrance and exit from the store followed him. Graham, the diabetic man, was riding in a friend's car, when the cop stopped it. Explaining his diabetic exigency to the cop was most unavailing. Connor made them wait to see if anything criminal had occurred at the store.
Nothing criminal had occurred at the store. In the interim, Graham had circled his friend's car twice, add passed out on the curb. Back up arrived. Graham was roughed up, cops claiming he was drunk. Thrown into the police car head first, after being brutally handcuffed, he was also denied orange juice offered to him by a friend, which cops disallowed. He sustained a broken foot, and was finally taken home and released with ringing in his ears, bumps, cuts and bruises, and stress. He sued Connor and others claiming Fourteenth Amendment violations under 42 USC 1983, including the Charlotte, North Carolina police officers involved for the excessive force used against him by Connor, the cop, and cohorts.
A directed verdict in favor of the police was entered by the District Court at the conclusion of Graham's excessive force case . The Fourth Circuit Appeals Court affirmed the dismissal. The Supreme Court reversed and remanded, holding that the Fourth Amendment, and not the Fourteenth, affords the correct textual standard for analysis in such cases. It then went farther rendering a standard and test for analysis under the a Fourth Amendment that has brought much grief to blacks in mushrooming police brutality cases that I deem to be fascist.
While the Supreme Court reversal may have seemed favorable to Graham, in application it has been very harmful to victims of police brutality since it essentially immunizes the police from both criminal responsibility and from civil liability for their wrongs.
The "counterbalancing test" applied in Graham v. Connor is skewed from the get-go.https://en.m.wikipedia.org/wiki/Graham_v._Connor The Court balanced the right of the individual against "government intrusion ."
Missing is the societal interests embodied in the balance of the Constitution which are designed to check government excesses, especially bodily intrusions, upon individuals. Society embodies individual interests indivisibly and wholly; not the government which is, at best, society's agent; and at worse its oppressor and exploiter !
Tacitly, "sub rosa," the Court is saying that the governmental interest is the same as societal interest . This is not necessarily so, and is quite often untrue. The entire Constitution, Declaration of Independence, Emancipation Proclamation, statutory law, case law, and community custom, merely approximate the dynamic and ever-evolving societal interest in life, liberty, property, and the pursuit of happiness, all of which are God-given rights.
The Constitution is a manmade, national constraint and covenant on the governmental abuse of citizens--members of society--by the delegated powers pledged to it by society. These divine rights, from whence all power derives, being societally-invested in government are greater than government's static powers. The Supreme Court's terrible decision in Graham v. Connor, makes government powers dynamic and makes society power static, inverting the process on its head .
In 1989, in Graham v. Conner , the U. S. Supreme Court justified the use of deadly force by police officers whenever they perceived themselves in peril, when in the investigation or apprehension of any suspect. Though no deadly force was used against Graham, and need not have been brought up by the Court, it was setting a standard in future cases drawn of blood. Police could shoot to kill and get away with it under law!
This inherently subjective test must be assessed from the perspective of the officers present at the scene, the Court said, not by persons not present, whether police or not, whether experts or not. Thereby, the police became judge , jury, executioner, all rolled into one.
The court claimed that the dynamic fluidity of the rapidly evolving situation warranted the police disregard of Fourth Amendment (freedom from unreasonable search and seizure); Fourteenth Amendment (Due Process of law and Equal Protection of law); or Fifth a Amendment (Right against self-incrimination and presumption of innocence), protection of the suspects in preference to themselves! Enter the police state!
So while the police may be on the front lines and front pages, the real bugaboo is the U. S. Supreme Court and its fascist decision --no other less caustic word will work--in Graham v. Connor . https://supreme.justia.com/cases/federal/us/490/386/case.html#396