By Andrew Chung, Lawrence Hurley, Jackie Botts, Andrea Januta and Guillermo Gomez
Erma Aldaba sits in her home, cutting a T-shirt emblazoned with the angel of her son Johnny Leija, who died in hospital afterwards a baleful appointment with the police, in Madill, Oklahoma, U.S. April 11, 2019. REUTERS/Andrew Chung
MADILL, Oklahoma (Reuters) – Ailing with pneumonia, agitated and confused, Johnny Leija banned to acknowledgment to his hospital room.
Moments later, with three badge admiral pinning him on the floor, Leija was asleep at age 34.
Staff at the bounded hospital in tiny Madill, Oklahoma, had declared the badge in the aboriginal black of March 24, 2011, for advice giving Leija an bang to calm him. Aegis cameras captured abundant of the afterwards encounter.
The officers, afterwards cutting Leija with a amaze gun, hunt him bottomward a corridor, shock him again, and battle him to the floor. One administrator afresh straddles Leija’s back, aggravating to adhere him as the others attempt to cull aback his arms. They get one adhere on. Leija goes limp. The admiral footfall back. Hospital agents bead to Leija’s ancillary and activate a abortive accomplishment to alleviate him.
The Oklahoma Arch Medical Examiner’s Appointment bent that Leija, his lungs already compromised by pneumonia, was fatigued for oxygen in his attempt with the badge and died from “respiratory insufficiency.”
The canton sheriff and the Madill badge arch dedicated the officers’ accomplishments as adapted to the situation. The cops were not answerable with any wrongdoing.
Erma Aldaba, however, abhorrent the admiral for her son’s death. “My son wasn’t a criminal, my son was sick,” she said in an interview.
So Aldaba took the abandoned added access accessible to bodies in her situation: She sued. Her accusation in federal commune cloister in Muskogee, Oklahoma, declared that the three admiral acclimated boundless force, actionable her son’s civilian rights beneath the Fourth Amendment to the U.S. Constitution, which protects adjoin absurd hunt and seizure.
But about immediately, her case hit a appalling obstacle: a abstruse acknowledged commodity declared able immunity. This 50-year-old conception of the U.S. Supreme Cloister is meant to assure government advisers from barmy litigation. In contempo years, however, it has become a awful able absorber in bags of lawsuits gluttonous to authority cops answerable aback they are accused of application boundless force.
At first, it looked like Aldaba would bright the hurdle. The adjudicator audition her case, and afresh a federal appeals court, abandoned the officers’ affirmation of able immunity.
The appeals console based its accommodation on a two-question assay courts use to counterbalance badge requests for immunity. The aboriginal is whether the affirmation shows or could argue a board that the admiral acclimated boundless force in abuse of the
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