Federal judge bans tear gas on large numbers of select protesters, claiming cops ‘run amok with power’

COLUMBUS, OH– Since the in-custody death of George Floyd in May of 2020, police departments in major cities across the country, such as Columbus, Ohio, have had to endure abuse from protesters, while having their hands legally tied by liberal lawmakers. 

While the use of lethal force is the last thing any police officer actually wants to administer, it is also scrutinized and prosecuted in today’s current climate, whether it is justified or not. 

The next best option for an officer to be able to protect themselves and others, is the use of non-lethal force, with tactics such as the use of pepper spray or rubber bullets. 

In an infuriating opinion that was handed down by Judge Algenon L. Marbley, Columbus police have been temporarily barred from using an array of non-lethal force against protesters. The Judge also went a step further and said officers had “run amok” with power.

The federal judge’s order, which was issued on Friday, April 30th, will stop Columbus officers from using tear gas, pepper spray, batons and rubber bullets against nonviolent protesters, according to reports. In an 88-page written opinion, Judge Marbley also grapples with hundreds of years of police tactics.

Chief Judge Algenon L. Marbley of the Southern District of Ohio issued his opinion on a case which began last year when demonstrators accused the Columbus Police Department of using excessive force during the protests that began following the in-custody death of George Floyd. 

The New York Times reported that the order is effective immediately, according to the city attorney’s office, though as a temporary injunction, it holds only until the lawsuit is resolved. Legal analysts were struck by Judge Marbley’s unsparing rebuke of the police and the historical sweep of his opinion, which was issued as Columbus continued to grapple with accusations of police misconduct.

Judge Marbley’s opinion begins with a quote from Dr. Martin Luther King Jr., that said:

“Somewhere I read that the greatness of America is the right to protest for rights”

He then went on to discuss the rights of freedom to protest, freedom of press, and the freedom of speech.  

Judge Marbley wrote:

“Unfortunately, some of the members of the Columbus Police Department had no regard for the rights secured by this bedrock principle of American democracy,” 

He continued:

“This case is the sad tale of police officers, clothed with the awesome power of the state, run amok.”

Within the 88 pages, Judge Marbley even traced policing back to the colonial-era and “citizen watchmen,” He then reportedly explored the slave codes and patrol system of the antebellum South and the Black Codes that came after the Civil War.

The Judge wrote:

“The two codes were so similar, it is a wonder that the copy-and-paste functionality was only invented more recently,” 

Rachel Moran, a professor at University of St. Thomas School of Law in Minneapolis, called the opinion “remarkable” and “unusual”.

She said:

“Historically, federal courts have been extremely reluctant to interfere with policing decisions and policies,” 

She added that the decision was:

“unusual not only because it restricts the Police Department’s options for using force on protesters, but because it thoroughly sets out this country’s troubling history of police brutality and unauthorized uses of force as a backdrop for this order.”

The New York Times reported that a group of protesters filed the lawsuit in July, accusing the Columbus Police Department of using excessive force at protests the month before. That lawsuit, which seeks damages from the city and a permanent injunction on the police tactics, may not conclude for two years, according to Fred Gittes, one of the lawyers representing the protesters.

Sean Walton, another lawyer who is representing the protesters said that they requested a temporary injunction in order to:

“to ensure that future protests do not result in similar behavior by officers while this lawsuit is still ongoing,”

Walton went on to say:

“The use of excessive force against Columbus citizens persists to this day, and while this order ensures that protesters are protected, we must not lose sight of the reason for the protests and the urgent need to reform the Columbus Division of Police.”

A spokesman for the city attorneys office said in a statement that it is not immediately clear how the order would be put into effect, as the Columbus Division of Police has been prohibited from using tear gas since last summer.

The preliminary injunction will hold until a jury comes to a decision about potential damages for protesters. At that point, a judge can decide whether to issue a more permanent injunction.

The opinion prevents police officers from using a wide array of tactics against nonviolent protesters, which include:

“tear gas, pepper spray, flash-bang grenades, rubber bullets, wooden pellets, batons, body slams, pushing or pulling, or kettling.”

As the New York Times notes, nonviolent protesters are defined in the opinion as people who are:

“chanting, verbally confronting police, sitting, holding their hands up when approaching police, occupying streets or sidewalks, and/or passively resisting police orders.”

The injunction also requires the police to wear body cameras and have dashboard cameras “in good working order” on their patrol vehicles.

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The following editorial is written by a retired Chief of Police and current staff writer for Law Enforcement Today. 

COLUMBUS, OH- Even the most anti-police zealot had to be shocked at the speed with which the jury in the Derek Chauvin trial reached a verdict. As “Brady White” wrote in PJ Media, the jury reached their decision “in less time than some people take to figure out what they’re having for dinner.”

This is pretty accurate.

The “reasonable doubt” standard in our criminal justice system should have given the jury pause, especially in trying to prove the two murder charges.

The hill was much less steep to climb for the manslaughter charge, but the jury had to believe that Chauvin intentionally tried to kill George Floyd. Nonetheless, they did, and Chauvin’s attorneys certainly have enough ammunition with which to appeal.

For the mob calling for Chauvin’s head, the verdict wasn’t enough…it’s never enough. They want a pound of flesh and that doesn’t include Chauvin’s.

In fact, outside the courthouse after the verdict was announced, a Black Lives Matter activist was telling anyone who would listen that they wanted control over the Minneapolis Police Department.

While Patrisse Cullors was adding to her extensive (and expensive) real estate holdings, some in her neo-Marxist organization were, as White noted “saying the quiet parts out loud.” They want control and they want power; anything short of that is out of the question.

Since the incident last May 26 when all the world bore witness to Chauvin’s knee on Floyd’s neck area, we have seen BLM, Antifa and other angry people laying waste to cities across the fruited plain.

A guilty verdict for Chauvin has done nothing to temper that violence. In fact, just before the verdict was read in the Chauvin case, a Minneapolis church was burned down. Coincidence? We think not.

At around the same time the Chauvin verdict was being announced, 16-year-old Ma’Khia Bryant decided she was going to settle a “dispute” by plunging a butcher knife into the body of a female with whom she was having a disagreement in Columbus, Ohio.

This incident is a textbook example of a police use-of-deadly-force scenario. Or at least it was an example.

A Columbus police officer, Nicholas Reardon arrived on the scene, and his body camera captured the moment when Bryant was poised to take someone’s life…or at the very least critically wound her. So what was this officer supposed to do?

Well if you listen to police “experts” such as loudmouth Joy Behar on The View, or Juan Williams on Fox News’ The Five, or any number of far-left wingnuts, that officer should have done…nothing.

Or, as Behar said, fire a warning shot into the air. Behar clearly flunked physics in school, apparently having no awareness of the law of gravity.

Williams meanwhile didn’t know what he should have done…maybe shot into the car where Bryant had the girl trapped against. Others suggested pulling a Dirty Harry maneuver and shooting the knife out of Bryant’s hand.

Others made the false claim that police shouldn’t be taught to “shoot to kill,” which shows how little they know about police use-of-deadly-force training.

“Shoot her in the leg” or “shoot her in the arm,” was another suggestion, with these people apparently unaware the leg contains the femoral artery where she would have bled out in a minute or two.

We won’t even get into the issue of stress, which impacts fine motor skills and even for an officer such as this who was an expert marksman in the National Guard, hitting a narrow, moving target is near impossible.

And what of Bryant’s foster father, 43, who can be seen practicing for a tryout as a field goal kicker as he tried to kick another female in the head in front of the police? Not one person of the police critic corps has even mentioned that.

So with this officer saving this other woman’s life, as sad as it was that he had to take the life of a 16-year-old, people came to the officer’s defense and backed up the shooting as justified, right?

C’mon, this is 2021 where career criminals are held up as martyrs and police officers who risk their lives are vilified.

People such as Joy Reid on MSNBC and others including Black Lives Matter anarchists dismissed the interaction between the combatants as a “teenage knife fight” which didn’t merit police intervention.

Reid, a mental midget if there ever was one, tried to compare kids in her school who “carried pen knives” to a girl about to impale another teen with a butcher knife. These people are literally mentally disabled.

We’ve already reported on the moronic, threatening tweet posted and then deleted by LeBron James, who gets paid tens of millions of dollars to bounce basketball. The tweet, with a picture of the officer involved and the words “YOU’RE NEXT’ #ACCOUNTABILITY got thousands of shares and likes before someone told James to take it down.

Far worse were comments from White House Press Secretary Jen Psaki, who when asked what Biden’s take on the shooting was once again talked about police killing disproportionately people of color, which has been proven by facts and data to be a lie.

When anti-police rhetoric is being driven from the office of the President of the United States, is it any wonder people no longer have any respect for the police?

Is it any wonder that when a police officer arrives at a scene such as this a man who should know better attempts to cave in the skull of a woman with his foot?

Finally, is it any wonder that a supposed “good kid and honor student,” knife in hand decides to stab another human being in the chest with a police officer ten feet away?

So now, the leadership in the city of Columbus has to make a decision. As officers across the country, tired of being second-guessed, excoriated, spit on, insulted, assaulted and shot decide they’ve had enough, will Columbus decide they are going to take a stand against the mob?

Will they defend Officer Reardon, who was clearly acting within the scope of his training and his duty? Or are they going to feed that officer to that mob, giving them the red meat they crave?

If the lesson in Minneapolis is at all instructive, if city leaders in Columbus decide to appease the mob in order to buy some measure of peace and quiet, they are in for a rude awakening.

Because as we have seen, the mob is never satisfied. Those who believed the election of an aging, decrepit, cognitively challenged career politician in the person of Joe Biden would quell the violence have been proven dead wrong.

As these people have made quite clear, nothing short of complete and total evisceration of the current criminal justice system will suffice. And once they get the criminal justice system, they will be coming for the very foundations of our country. Hell, they’ve already started.

What happens when you give a lion red meat? They want more. So too is it with the anarchist ratchets.

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Author: K. Winters


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