To update the post of 10/31/15 Let's not confuse racism with stupidity the city of Evansville has appealed the decision by the 7th Circuit Court of Appeals directly to the Supreme Court. The petition for a writ of certiorari was placed on the Supreme Court's docket Tuesday, filed on behalf of Evansville Police Chief Billy Bolin and 11 officers named in the lawsuit and the plaintiff's lawyers have until December 2 to respond. As the Supreme Courts accepts only a few of the more than 10,000 petitions filed each year this action can only be viewed as a Hail Mary pass.
The writ argues that the Court of Appeals failed to look at the Fourth Amendment issues from the perspective of a reasonable officer on the scene instead of from hindsight. Unfortunately for the appellants reasonable officers are in short supply in the EPD. A reasonable officer would have had the good sense to run the legality of flash banging a residence by a lawyer who would have told him that the use of flash bang grenades in private dwellings is generally considered to be an excessive use of force by the courts. The reasonable office test is meant discern how a reasonable officer would respond when forced to make an immediate decision not how inept police administrators willfully violate the constitutional rights of innocent people. In this instance said inept police administrator, Chief Billy Bolin, literally had weeks to formulate a reasonable course of action. Even in the age of Obama stupidity is not a defense.