Federal appeals panel: LRADs can be considered excessive force
New York
   
 
More Today's News:
ߦ   'No policy violated' in Fla. cop's attempt to subdue teen suspect
ߦ   Presidio County Official Pleads Guilty To Federal Bribery Charge
ߦ   Seller of Shipping Containers Heads to Prison for Securities Scheme
ߦ   SILVER ALERT - Alamo Heights, TX
ߦ   Burglary suspect escapes police custody
ߦ   DPD officer still critical but improved after hit by vehicle on I-20, police say
ߦ   Driver Arrested, Charged in Fatal Crash at 8800 Winkler
ߦ   Drunk Driver Jailed After Crashing Into Constable Cruiser
ߦ   Fatal Officer Involved Shooting
ߦ   Fraudster Tricked Companies into Giving Him Matching Donations
ߦ   Man Busted For Hitting Deputy In The Face
ߦ   Man Dead In Drive By Shooting
ߦ   Man Shot To Death in Parking Lot
ߦ   No Shave Novemebr
ߦ   Prestigious chemistry journal publishes research of Galveston College professor
ߦ   Richmond Police Department taking back unwanted prescription drugs October 27, 2018
ߦ   Tales from the Texas Outdoors through the eyes of game wardens
ߦ   Theft Suspect Wanted By Law Enforcement
ߦ   Woman Dies In Crash at 1300 Blalock
ߦ   Constables Arrest Intoxicated Wrong Way Driver
ߦ   Former deputy convicted of on-duty sexual assault
ߦ   Former FBI Agent Sentenced for Leaking Classified Information
ߦ   Former Webb County Commissioner Convicted
ߦ   Law enforcement is 'most dangerous job'
ߦ   Man Charged in Seven-Count Federal Indictment with Threat to Use a Biological Toxin as a Weapon
ߦ   New Orleans Man Pleads Guilty to Hate Crime in Shooting of Three Black Men Attempting to Evacuate After Hurricane Katrina
ߦ   Piece of Corpus Christi police history makes its way home
ߦ   Sheriff Investigates Abandoned Child
ߦ   Sheriff Investigating Shooting Deaths
ߦ   Social media images led to fatal home invasion
ߦ   Three Park Patrol Officers Sentenced for Deprivation of Civil Rights by Intentionally Making False Arrests
ߦ   TMPA attorney wins appeal for Mission officer
ߦ   DEA to kick off annual Red Ribbon Campaign
ߦ   Harris County DA Office regarding Darian Ward
ߦ   LCPD looking for driver in fatal motorcyle accident

 
Search Archives:

A federal appeals panel ruled Wednesday that cops' use of Long Range Acoustic Devices against protesters can be considered excessive force

By Victoria Bekiempis

New York Daily News

NEW YORK — A federal appeals panel ruled Wednesday that cops' use of noise cannons against peaceful protesters can be considered excessive force.

Three judges from the Second Circuit Court of Appeals issued their decision in Manhattan Federal Court case over the use of sound cannons at a December 2014 protest.

New York City Police Sgt. Janet Jordan gives orders using a Long Range Acoustic Device during a training drill in preparation for the Republican National Convention, Thursday, Aug, 19, 2004 in New York. (AP Photo/Mary Altaffer)
New York City Police Sgt. Janet Jordan gives orders using a Long Range Acoustic Device during a training drill in preparation for the Republican National Convention, Thursday, Aug, 19, 2004 in New York. (AP Photo/Mary Altaffer)

Six people attending that protest, which developed after a grand jury decided not to indict any police officers in the chokehold death of Eric Garner, claim NYPD cops wrongly blasted them with Long Range Acoustic Devices, or LRADs.

The attendees, represented by lawyers Gideon Orion Oliver, Elena L. Cohen and Michael Decker, alleged they endured pain and migraines from the sound blast.

"In a narrow ruling, we hold that purposefully using a LRAD in a manner capable of causing serious injury to move non-violent protesters to the sidewalks violates the Fourteenth Amendment under clearly established law," the decision said.

The Second Circuit panel also rejected two cops' push for immunity from the lawsuit, claiming they weren't informed that nonviolent protesters were protected from excessive force.

"In their view, because this Court has not applied 'substantive due process principles to crowd control,' the officers lacked notice that the right against excessive force applies to nonviolent protesters," the decision said. "But that is like saying police officers who run over people crossing the street illegally can claim immunity simply because we have never addressed a (constitutional) claim involving jaywalkers."

"This would convert the fair notice requirement into a presumption against the existence of basic constitutional rights," the ruling also stated.

Asked for comment on the ruling, the city Law Department said "We are reviewing the decision."

©2018 New York Daily News

Post a comment
Name/Nickname:
(required)
Email Address: (must be a valid address)
(will not be published or shared)
Comments: (plain text only)
Printer Friendly Format  Printer Friendly Format    Send to a Friend  Send to a Friend    RSS Feed  RSS Feed
  Facebook   Share link on Twitter Tweet  
© 1999-2018 The Police News. All rights reserved.