Issue link: https://www.epageflip.net/i/513885
BySamHananel The Associated Press WASHINGTON The Su- preme Court ruled Mon- day that police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco. But the justices left un- decided the question of whether police must take special precautions when arresting armed and vio- lent people suffering from mental illness. The case involved a 2008 incident in which two po- lice officers forced their way into Teresa Sheehan's room at a group home and shot her five times after she came at them with a knife. Sheehan claimed the offi- cers should have used less confrontational tactics be- cause they are covered by the Americans with Dis- abilities Act. That law re- quires "reasonable accom- modations" for people with mental illnesses. Writing for the court, Justice Samuel Alito said the justices wouldn't take up the disability rights is- sue because it hadn't been fully considered by lower courts. Qualified immunity pro- tects public officials from being sued for damages unless the official violated a constitutional right that was clearly established at the time of the misconduct. Six justices agreed that the police officers could not be sued in this case. Justices Antonin Scalia and Elena Kagan wrote separately to say they would have dis- missed the case entirely. The case had attracted attention from mental health advocates who said that failing to take account of a suspect's disability of- ten results in unnecessary shootings by police. SCOTUS Court:Police immune over SF mentally ill arrest By Nomaan Merchant and David Warren The Associated Press WACO, TEXAS About 170 members of rival motor- cycle gangs were charged with engaging in organized crime Monday, a day after a shootout at a Texas restau- rant that killed nine people and wounded 18. The crowd of suspects was so large that author- ities opened a convention center to hold them all be- fore they were arrested, po- lice said. Sunday's melee at the Twin Peaks restaurant in Waco drew a broad po- lice response that included placing officers atop build- ings and highway over- passes to watch for other bikers rushing to the scene to retaliate. McLennan County Jus- tice of the Peace W.H. Pe- terson set bond at $1 mil- lion for each suspect. He defended the high amount, citing the violence that quickly unfolded in a shop- ping market that was busy with a lunchtime crowd. "We have nine people dead, because these peo- ple wanted to come down and what? Drink? Party?" Peterson said. "I thought it was appropriate." Peterson also performed inquests on the nine dead bikers but declined to iden- tify them pending notifica- tion of family. Peterson says all nine were from Texas. It was not clear how many of the dead were shot by gang members and how many had been shot by po- lice. Waco police Sgt. W. Pat- rick Swanton said the Waco Convention Center was used to hold the suspects tempo- rarily as police rushed to se- cure many parts of the city amid reports of rival bikers going elsewhere to continue the fight. Those at the con- vention center were later taken to jail. It's too early to deter- mine how many motorcy- cle gang members will face murder charges, Swanton said. Five gangs had gathered at the restaurant as part of a meeting to settle dif- ferences over turf and re- cruitment. Prior meetings had been held at the restau- rant, and managers there had dismissed police con- cerns over the gatherings, he said. "They were not here to drink and eat barbecue," Swanton said. "They came here with violence in mind." Twin Peaks — a national chain that features wait- resses in revealing uni- forms — on Monday re- voked the franchise rights to the restaurant, which opened in August. Company spokesman Rick Van Warner said in a statement that the man- agement team chose to ig- nore warnings and advice from the company, and did not establish the "high se- curity standards" that the company requires. The Texas Alcoholic Bev- erage Commission on Mon- day issued a seven-day sus- pension of the restaurant's liquor license, but owners had the option of reopen- ing to serve meals. Police and the restau- rant operators were aware of Sunday's meeting in ad- vance, and 18 Waco officers in addition to state troop- ers were outside the restau- rant when the fight began, Swanton said. Swanton has repeat- edly declined to identify which gangs were involved in a fight that began with punches then grew to in- clude chains, knives and then guns. "I am not about to give them the respect of men- tioning their names," he said. WACO SHOOTOUT Charges filed against 170 motorcycle gang members JERRYLARSON—THEASSOCIATEDPRESS Law enforcement continue to investigate the motorcycle gang-related shooting at the Twin Peaks restaurant on Monday in Waco, Texas, where nine were killed Sunday and over a dozen injured. By Sam Hananel The Associated Press WASHINGTON A unani- mous Supreme Court ruled Monday that the govern- ment can't prevent a con- victed felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities. The justices sided with Tony Henderson, a former U.S. Border Patrol agent who agreed to turn over his collection of 19 firearms to the FBI as a condition of re- lease after he was arrested and charged with distribut- ing marijuana. After he pleaded guilty, Henderson wanted to sell the weapons valued at more than $3,500 to a friend, or transfer them to his wife. But lower courts found that doing so would technically give Hen- derson possession of the weapons in violation of the law. Prosecutors also said they were concerned that Henderson's friend or wife might give him access to the weapons. Writing for the court, Justice Elena Kagan said letting a convicted felon sell or transfer guns is al- lowed as long as a court is satisfied that the person getting the weapons won't give the felon control over them. "A felon cannot evade the strictures of (the law) by ar- ranging a sham transfer that leaves him in effective control of his guns," Kagan said. Kagan said the district court could have ordered the guns turned over to a federally-licensed firearms dealer, who would sell them with proceeds going to Henderson. She said the lower court also could al- low Henderson to transfer the guns to another person who will not allow him "to exert any influence over their use." She said the govern- ment's reading of the law goes too far in saying Hen- derson would illegally "pos- sess" the weapons just by being allowed to sell them. The case had drawn the attention of gun-rights groups, including the Na- tional Rifle Association, which argued that the gov- ernment's attempt to pro- hibit any sale or transfer prevents law-abiding citi- zens who want to buy the guns from doing so. SCOTUS Supreme Court rules that convicted felons can sell their guns For ads starting May 30 or earlier! ONLY available by phone to our Nor-Cal Classified Call Center 1-800-855-667-2255 JustaskforNo-ClipCouponpricing! CREDIT CARD PAYMENTS ONLY! Sorry, no refunds for early ad cancellation at this pricing! 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