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February 09, 2011

Ninth Circuit Upholds Jury Verdict Against Man Who Held Illegal Immigrant Trespassers At Gunpoint in 2004

He defended his property against trespassers. A jury found he should pay the illegal trespassers $78,000. The Ninth Circus, which earns its nickname for being the most lawless liberal appellate court, getting overturned all the time because they don't even try to apply current constitutional law, upheld the verdict.

There's a complicating twist here -- the judge who presided over that case was Judge Roll, who got death threats after it, and was killed by degenerate loser Jared Loughner when he attempted to kill Gabby Giffords. I say that's complicating because the courts might not want to disturb the ruling of an assassinated judge, and may have an institutional interest in signaling that you can't overturn a case by killing a judge.

But, of course, Jared Loughner wasn't even shooting to kill Judge Roll.

Here's a little background.

Got that? He couldn't be found to have violated their civil rights, as he was acting lawfully in defending his property, so they just claimed he was responsible for "infliction of emotional distress" and assault in doing what the law permits him to do.

$78,000. Nice.

Barrett is asking the Circus for an en banc rehearing (all judges rehearing the case, instead of the three assigned to it), which will probably not be granted, and then we can expect him to appeal to the Supreme Court.


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posted by Ace at 01:25 PM

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