WASHINGTON (WJZ/CBS) — The U.S. Supreme Court Monday rejected a lower court’s ruling in the case of a police officer who sued Black Lives Matter activist and Baltimore civil rights leader DeRay Mckesson after being injured while working a 2016 protest Mckesson organized in Louisiana.
In its decision, the Supreme Court sent the case back to the U.S. 5th Circuit Court of Appeals after throwing out that court’s decision to let the case against Mckesson move forward, a temporary win for Mckesson.
The protest in Baton Rouge in July 2016 was in response to the deadly shooting of Alton Sterling by a local police officer.
The officer who sued Mckesson, who was identified in the Supreme Court’s decision only as “Officer Doe,” sought damages from Mckesson because the officer said Mckesson “negligently staged the protest in a manner that caused the assault.”
Officer Doe was hit by a piece of concrete or similar object, which caused them to lose teeth and also suffer brain trauma.
Mckesson had argued that even if he organized the protest negligently, he can’t be held responsible for another person’s actions.
Justice Clarence Thomas dissented in the ruling, and newly-appointed Justice Amy Coney Barrett did not take part in the case.
Clarence Thomas is just not on the right side of any of these issues.
— deray (@deray) November 2, 2020
On Twitter Monday, Mckesson wrote: “Clarence Thomas is just not on the right side of any of these issues.”
Mckesson was arrested during the protest, which was live-streamed on Periscope.
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