Supreme Court Backs Police Immunity in Protest Case

The Supreme Court on Monday ruled that a Vermont police officer is entitled to qualified immunity after a protester at the state Capitol sued him for an injury in a case that stretches back more than a decade.

Qualified immunity protects law enforcement officers from litigation if they are acting in the line of duty, unless they violate a clearly established constitutional right.

Recently, some Democrats in Congress have called for Immigration and Customs Enforcement agents to be stripped of the protection from litigation. 

In an unsigned opinion, justices reversed a ruling by the 2nd U.S. Circuit Court of Appeals in the case of Zorn v. Linton, which held that existing precedent did not clearly establish that Vermont State Police Sgt. Jacob Zorn’s specific conduct violated the Constitution, Fox News reported. 

“The Second Circuit held that Zorn was not entitled to qualified immunity,” read the 6-3 majority ruling.  “We reverse.”

“Because the Second Circuit failed to identify a case where an officer taking similar actions in similar circumstances was held to have violated the Constitution, Zorn was entitled to qualified immunity,” the majority said.

The incident occurred at a 2015 sit-in by health care protesters at the Vermont Capitol during the inauguration of Gov. Peter Shumlin. 

Police began arresting protesters, including Shela Linton, after the building closed. Linton remained seated and linked with other protesters, the opinion noted.

Zorn told her he would have to use force unless she left the building. He took her arm and placed it behind her back, twisting her arm. When she complained of discomfort, he repeatedly asked her to stand. After her noncompliance, he pressed her wrist and lifted her to her feet, according to an account of the incident in the court’s opinion. Linton sued, claiming physical and psychological injuries. 

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