I read numerous judicial opinions. I’ve read thousands (really, thousands). But sometimes an opinion stops me in my tracks, and I have to read it over again because I know it’s a ripple in the sea of judicial restraint. These ripples are few and far between. These ripples are a little blip. But they are a blip that is meant to grow and catch a wave, turning into or joining a tsunami of change. And that is what I found in Estate of Jones v. The City of Martinsburg, et al., Cause No. 18-2142 (4th Cir. Jun. 10, 2020).
In 2013, Mr. Wayne Jones, a black man experiencing homelessness was walking on the sidewalk when he was stopped by law enforcement. Immediately, the encounter escalated and never stopped. By the end of this encounter, Mr. Jones would be dead: “Armed only with a knife tucked into his sleeve, [Mr. Jones] was tased four times, hit in the brachial plexus, kicked, and placed in a choke hold. In his final moments, he lay on the ground between a stone wall and a wall of five police officers, who collectively fired 22 bullets.” A police officer asked him whether had a weapon. Jones asked what a weapon was. He was told, by the officer, a list of examples (knife, gun, etc.). Mr. Jones answered he might have “something.” He did. A small blade tucked in his right sleeve.