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[caption id="attachment_361266" align="alignnone" width="640"] Screengrab from WIVB Buffalo Channel 4 News[/caption]
Still a developing story, but what we know so far points to an utterly depraved act of violence at a Buffalo supermarket.
Comment →Ten people were killed and three others suffered non-life-threatening injuries and were transported to local hospitals after a mass shooting at a supermarket on Buffalo’s East Side Saturday afternoon.
The shooter was an 18-year-old white male who was heavily armed with tactical gear and was live-streaming during the mass shooting, officials said. City of Buffalo Mayor Byron Brown said the shooter is not from Buffalo and traveled “hours” from outside the area.
“This was pure evil,” Erie County Sheriff John Garcia said. “A straight-up racially motivated hate crime.”
The shooter was identified in court Saturday evening as Payton S. Gendron of Conklin, New York, about 200 miles southeast of Buffalo.
Gendron was arraigned on one count of first-degree murder without bail.
The 18-year-old will be back in court on Thursday at 9:30 a.m. for a felony hearing.
When Gendron exited his vehicle at the supermarket, authorities said, he shot four people in the parking lot. Three of them died and one is in the hospital. The shooter entered the store and opened fire on customers.
Twitch deletes shooter’s live-stream video of Buffalo mass shooting
A retired Buffalo Police officer, Aaron Salter, who was working as a security guard, shot Gendron but he was unharmed because he was wearing armor, Gramaglia said. The retired officer was shot and killed.A law enforcement source told CBS News that the gunman had a racial slur written on his weapon. The attack is being treated as a hate crime.
Erie County District Attorney John Flynn will not confirm the existence of the shooter’s manifesto. He said they believe there was a “racial component” to the attack but won’t say more.
This attack is being investigated by the FBI as a hate crime and as violent extremism.
Police officers could frame people, file bogus charges, conjure evidence out of thin air—and, in most of the U.S., they would still be immune from facing any sort of civil accountability for that malicious prosecution. Until yesterday.
---
Yesterday, the highest court in the country struck that requirement down, ruling that Thompson should indeed have a right to sue the officers at the center of his case. "A plaintiff such as Thompson must demonstrate, among other things, that he obtained a favorable termination of the underlying criminal prosecution," wrote Justice Brett Kavanaugh for the U.S. Supreme Court. "We hold that a Fourth Amendment claim…for malicious prosecution does not require the plaintiff to show that the criminal prosecution ended with some affirmative indication of innocence."
From THOMPSON v. CLARK ET AL.:
Held: To demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under §1983 for malicious prosecution, a plaintiff need not show that the criminal prosecution ended with some affirmative indication of innocence. A plaintiff need only show that his prosecution ended without a conviction.
Thompson has satisfied that requirement here.
Thompson v. Clark was decided 6-3. (Alito wrote the dissent, with Thomas and Gorsuch joining.)
Comment →Ordinary Pivot
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