Florida: Are Cops, who in the line of duty who shoot people, "victims...

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...of imminent threats of harm and therefore protected under Marsy’s Law, preventing their identities from being made public?

 

https://news.wfsu.org/wfsu-local-news/2022-12-06/in-a-tallahassee-case-the-florida-supreme-court-will-decide-whether-police-are-victims-when-they-shoot-someone-in-the-line-of-duty

The Marsy’s Law initiative began in California and was intended to ensure crime victims have equal rights on the same level as the accused and convicted. It is named for Marsalee Nicholas, who was stalked and killed by her ex-boyfriend. A week after her death, her family was confronted by the accused killer, unaware he was released on bail.

Florida voters passed the law as a constitutional amendment in 2018. It protects “the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.” Different states that have passed similar laws have subtle differences.

Now, two Tallahassee Police Department officers have invoked the law, claiming they were victims threatened by crime suspects.

In the first encounter in May 2020 – which occurred five days before George Floyd was murdered by a police officer – a Tallahassee officer was charged by a man with a large, hunting-style knife who yelled, “Ima kill ya.” The officer fired while the man was about 10 to 15 feet away, and the man died from the gunshot wounds, according to court records.

Just two days after Floyd’s death, the second Tallahassee officer was dispatched to search for a stabbing suspect. The officer was confronted by a suspect armed with a handgun, and he fired at the suspect, who later died.

Tallahassee officials said they intended to disclose the officers’ identities publicly. But the officers and their bargaining representative, the Florida Police Benevolent Association, sued the city, arguing the officers were victims of imminent threats of harm whose identities should be protected under the law. Officers have similarly been claiming privacy rights under the law in the Dakotas already.

A trial court ruled that a law enforcement officer acting in an official capacity cannot be considered a victim under Marsy’s Law, but the 1st District Court of Appeals reversed the judgment, meaning that the city would not have to reveal the identities of the two officers.

The higher court’s ruling was a loss for the city and attorney Mark Caramanica, who represents the media coalition. He said that if the state Supreme Court were to uphold the decision, it would be an “incredible move in the wrong direction” for Florida’s transparency laws.

Caramanica questioned where Marsy’s Law protections would end if they are granted for officers: Any time deadly force is used, officers can reliably claim they faced an aggressor, feared for their life and were the victims of assault, which is a crime, he said.

The media’s job investigating officers involved in violent encounters – including checking to see whether officers have a history of similar incidents – would be nearly impossible, he said. “It really opens the door to abuse,” Caramanica said.

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Nothing to see here. Move along

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Union going beyond their scope to protect a member.  Should be all public record.  

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Florida