The Supreme Court has opted not to entertain an appeal from Black Lives Matter activist DeRay Mckesson, embroiled in a lawsuit with a Baton Rouge police officer stemming from a protest incident in July 2016.
The case revolves around whether a protest leader, like Mckesson, bears responsibility for injuries caused by an unidentified individual during the protest, even if they didn’t authorize or direct the violent act.
The legal tussle originated after the fatal shooting of Alton Sterling, a Black man, by a White police officer in Baton Rouge, Louisiana. Subsequent protests against police brutality, including one outside the Baton Rouge Police Department, saw a police officer struck by a projectile, sustaining severe injuries.
Identified in court documents as John Doe, the officer sued Mckesson for negligence, alleging he failed to prevent the violence despite foreseeing it. Mckesson, represented by the ACLU, invoked First Amendment protections, asserting immunity from such lawsuits.
Legal proceedings ensued, with a federal district court initially dismissing the case against Mckesson in 2017. However, the 5th Circuit Court of Appeals reversed this decision in June 2023, allowing the lawsuit to proceed. The appeals court argued that Mckesson’s actions allegedly contributed to hazardous conditions by organizing the protest near the police station and not intervening when violence erupted.
Despite Mckesson’s subsequent appeal to the Supreme Court, the justices declined to hear the case. Justice Sonia Sotomayor, in a statement accompanying the denial, emphasized that the decision doesn’t imply a stance on Mckesson’s claim. She urged the 5th Circuit to consider the impact of a previous First Amendment ruling in Mckesson’s case in forthcoming proceedings. Source: CBS News
