The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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Jones v. City of Elyria

Docket: 18-4157

Opinion Date: January 17, 2020

Judge: Readler

Areas of Law: Civil Rights, Constitutional Law

Officers Chalkley and Weber responded to a call that a potentially intoxicated white male was eating out of a dumpster. They did not see anyone by the dumpsters but spotted Jones, the only white male in the area, talking to women in the parking lot. Weber requested that Jones approach. According to the officers, Jones first ran but eventually approached with his hands in his pockets. A struggle occurred during a pat-down; the officers took Jones to the ground. Jones resisted and attempted to reach for Chalkley’s holstered firearm. The officers placed their weight on Jones and struck Jones. Officer Mitchell arrived during the pat-down. Weber tasered Jones. Jones claims he was heading home after buying food and that he kept his hands visible and offered no resistance, although he struggled to breathe as his face was pressed against the concrete. Weber transported Jones to a hospital and completed forms to have Jones involuntarily committed for psychiatric evaluation. One of the women seen talking to Jones before the incident denied that she saw Jones resist. Jones was acquitted of assault on a peace officer, obstructing official business, and resisting arrest. Jones filed a 42 U.S.C. 1983 action. An affidavit from another woman contradicted the officers. The court granted the summary judgment to the city and the officers’ supervisor but denied immunity to the individual officers. The Sixth Circuit reversed in part. The district court largely assessed the officers’ conduct collectively, without distinguishing between their individual acts. Officers Chalkley and Weber were properly denied immunity but Mitchell arrived after Jones was detained. Mitchell’s actions, taken in view of the circumstances apparent to her at that time, were not objectively unreasonable.