The high court on Monday blocked a lawsuit against Police Cpl. Andrew Kisela who shot a Tucson woman four times in May 2010
The court declined to hear the families' appeal of a lower court's 2016 ruling that threw out the jury award secured in a lawsuit under the Anti-Terrorism Act, a law that lets American victims of global terrorism seek damages in USA courts.
Three university police officers went to the off-campus Tucson home that Hughes shared with her friend Sharon Chadwick after receiving a call about a woman acting erratically and hacking a tree with a knife.
When officers arrived, Hughes emerged from the house carrying a large knife at her side and approached her roommate, who was standing in the front yard, stopping six feet away from her.
Hughes didn't comply with commands from officers to drop the knife and continued to move toward her roommate.
The justices, however, noted that Kisela testified he shot Hughes because, although she posed no danger to him and the other officers, he believed she was a threat to Chadwick.
The victims and families sued the Palestinian organizations under the Anti-Terrorism Act, a law that allows victims of worldwide terrorism to be sued in the US But one year after they were awarded more than half-a-billion dollars, an appellate court in NY state threw out the award on the grounds that US courts lack the jurisdiction to hear cases against the PA and PLO, prompting the Supreme Court appeal.
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Justice Sonia Sotomayor, writing for herself and Justice Ruth Bader Ginsburg, said the court, at least at the pretrial stage, has to look at the record in a way that would favor the ability of Hughes to take the case to trial. Officers were entitled to qualified immunity as long as no similar precedent existed showing a specific use of force was unlawful.
"Kisela alone resorted to deadly force in this case", she wrote.
Chadwick said in an affidavit that prior to the shooting, Hughes had threatened to kill Chadwick's dog Bunny with a knife over a $20 magazine subscription. Sotomayor, the lone dissenter, criticized what she called a "shoot first, think later" mentality.
"The Court need not, and does not, decide whether Kisela violated the Fourth Amendment when he used deadly force against Hughes", the ruling states. "In holding otherwise, the Court misapprehends the facts and misapplies the law, effectively treating qualified immunity as an absolute shield".
Justice Department spokeswoman Kerri Kupec said in a statement sent to Anadolu Agency: "The United States condemns acts of terror in the strongest terms and the Department of Justice is committed to prosecuting those who commit terrorist attacks against innocent human beings to the fullest extent that the law allows".
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